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VILLAGE BUILDERS 96 v. U.S. LABORATORIES

No. 40950, 41420.

112 P.3d 1082 (2005)

VILLAGE BUILDERS 96, L.P., a California Limited Partnership, Appellant, v. U.S. LABORATORIES, INC., a Delaware Corporation; and Testing Engineers of Nevada, Inc., a Delaware Corporation, f/k/a Buena Engineers, Inc., Respondents. Village Builders 96, L.P., a California Limited Partnership, Appellant, v. U.S. Laboratories, Inc., A Delaware Corporation; and Testing Engineers of Nevada, Inc., a Delaware Corporation, f/k/a Buena Engineers, Inc., Respondents.

Supreme Court of Nevada.

June 9, 2005.

Attorney(s) appearing for the Case

Santoro, Driggs, Walch, Kearney, Johnson & Thompson and Kirby C. Gruchow Jr. and Gregory J. Walch, Las Vegas, for Appellant.

Lewis Brisbois Bisgaard & Smith, LLP, and Michael M. Edwards and Sheri M. Schwartz, Las Vegas, for Respondents.

Before the Court en Banc.

OPINION

ROSE, J.

These cases involve the applicability of the general rule against finding a successor corporation liable for the acts of its predecessor and the exceptions to the rule and the appropriateness of an award of costs.

While this court has adopted the general rule that a successor is not liable for the acts of its predecessor and has recognized the rule's exceptions, we have yet to address the parameters of those exceptions under...

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