The Impropriety of Levying Punitive Damages on Innocent Successor Corporations

Authors

Joel Slawotsky

Abstract

Under traditional corporate law principles regarding the liability of a successor corporation for the debts and liabilities of the previous entity, there are many scenarios where an innocent successor may be held liable for a punitive damages award levied against the previous entity. After a comprehensive examination of the methods by which businesses combine, and an analysis of the history and purposes of punitive damages, the author argues that courts should focus on both the successor's conduct and the form of the method of combination before levying punitive damages against the successor.

First Page

49

Recommended Citation

Joel Slawotsky, The Impropriety of Levying Punitive Damages on Innocent Successor Corporations, 38 Duq. L. Rev. 49 (1999).
Available at: https://dsc.duq.edu/dlr/vol38/iss1/7