Rwe Nukem Corp. v. Ensr Corp.

ENSR Corporation (Appellant) appeals the circuit court’s grant of partial summary judgment in favor of RWE NUKEM Corporation, f/k/a WasteChem Corporation (Respondent). We certified the appeal from the Court of Appeals pursuant to Rule 204(b), SCACR, and we reverse and remand.

FACTUAL/PROCEDURAL BACKGROUND

In the early 1990s, Appellant and Respondent were subsidiaries of American NuKEM Corporation (American NuKEM). In 1995, American NuKEM sold its shares in Respondent to its parent company, RWE NUKEM GmbH. 1 This sale was memorialized in a Stock Purchase Agreement (Stock Agreement), which was…