Welco Industries, Inc. v. Applied Companies

This case presents the question whether a stranger corporation that purchases the assets of another corporation may be held liable for the unassumed contractual obligations of the predecessor under a theory of successor liability. This case specifically requires us to define the contours of the “mere continuation” exception to the general rule of successor nonliability as it applies to claims sounding in contract.

Under Civ.R. 56, summary judgment is proper when “(1) [n]o genuine issue as to any material fact remains to be litigated; (2) the moving party is entitled to judgment as a matter of…