DeJesus v. Bertsch, Inc.

MEMORANDUM AND ORDER

YOUNG, District Judge.

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 de facto merger doctrine is inapplicable to the facts of this case because there was neither continuity of shareholders nor was there any other indicia of Bertsch…