Thomas J. Moriarty v. James F. Svec, Individually, Doing Business as Svec and Sons Funeral Home and Doing Business as West Suburban Livery

I concur with the result and most of the court’s analysis. I write separately to focus on a few aspects of successor liability.

In addressing the successor liability issue, the defendant chose to argue that Atherton v. FDIC, 519 U.S. 213, 117 S.Ct. 666, 136 L.Ed.2d 656 (1997), had overruled sub silentio our prior decision in Upholsterers’ Int’l Union Pension Fund v. Artistic Furniture, 920 F.2d 1323 (7th Cir.1990). The court’s opinion correctly concludes that this argument fails. And because the defendant waived arguing that Artistic Furniture does not apply in the first place, I agree that…