For Your Data Nissen Corp. V. Miller Illustration Brief
March 16, 2016
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Nissen Corp. v. Miller example brief summary
594 A.2d 564 (1991)
CASE FACTS
The consumer was injured past times a defective treadmill, which was manufacturer past times the seller corporation. The seller company had sold its assets to the buyer company earlier the consumer's injuries occurred. The consumer hence brought an activity against the seller company (which was dissolved), the production seller, together with the buyer corporation. When the trial courtroom entered summary judgment inwards favor of the buyer corporation, the consumer together with the production seller sought review. The appellate courtroom reversed together with the buyer company filed a petition for writ of certiorari.
DISCUSSION
The courtroom granted the buyer corporation's petition for a writ of certiorari together with reversed the appellate court's judgment, which reversed the trial court's determination to grant summary judgment inwards favor of the buyer corporation.
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594 A.2d 564 (1991)
CASE SYNOPSIS
Petitioner buyer company filed an application for a writ of certiorari together with challenged a judgment from the Special Court of Appeals (Maryland). The appellate courtroom reversed the trial court's determination to grant the buyer corporation's displace for summary judgment inwards respondent consumer's production liability activity against the buyer corporation, the production seller, together with respondent seller corporation.CASE FACTS
The consumer was injured past times a defective treadmill, which was manufacturer past times the seller corporation. The seller company had sold its assets to the buyer company earlier the consumer's injuries occurred. The consumer hence brought an activity against the seller company (which was dissolved), the production seller, together with the buyer corporation. When the trial courtroom entered summary judgment inwards favor of the buyer corporation, the consumer together with the production seller sought review. The appellate courtroom reversed together with the buyer company filed a petition for writ of certiorari.
DISCUSSION
- The courtroom granted the writ together with reversed the appellate court's decision.
- The courtroom declined to adopt the dominion of continuity of enterprise because at that spot was no causal human relationship betwixt the consumer together with the buyer corporation.
- The courtroom institute that the buyer company was non a seller together with bore no blame inwards bringing the production together with the user together.
- The courtroom decided to adhere to the full general dominion of nonliability of successor corporations, alongside its 4 traditional exceptions, inwards production liability cases.
The courtroom granted the buyer corporation's petition for a writ of certiorari together with reversed the appellate court's judgment, which reversed the trial court's determination to grant summary judgment inwards favor of the buyer corporation.
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