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DeJESUS v. BERTSCH, INC.

Civil Action No. 11-11563-WGY.

898 F.Supp.2d 353 (2012)

Edwin DeJESUS and Maria L. Cartagena, Plaintiffs, v. BERTSCH, INC. and Park Corporation, Defendants.

United States District Court, D. Massachusetts.

October 16, 2012.

Attorney(s) appearing for the Case

Bradley J. Kitlowski , Stanley Yorsz , Buchanan, Ingersoll & Rooney, PC, Pittsburgh, PA, David M. Rogers , Campbell, Campbell, Edwards & Conroy, PC, Boston, MA, for Park Corporation(Defendants).

W. Thomas Smith , Steven N. Zane , Benjamin R. Zimmermann , Sugarman and Sugarman, P.C., Boston, MA, for Edwin DeJesus and Maria L. Cartagena(Plaintiffs).

MEMORANDUM AND ORDER

YOUNG, D.J.

I. INTRODUCTION

This is a products liability case brought under a successor liability theory. The main issue presented to this Court is whether the successor corporation, Park Corporation ("Park"), is liable for the torts of its predecessor, Bertsch, Inc. ("Bertsch"), under the de facto merger or "mere continuation" exceptions to the usual rules of successor liability.

Park argues that the...

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