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What is the name of your state?Colorado, 10th circuit

Is there anyway to find supporting case law for a theory of law? Maybe something like lexisnexis or something?

There is a theory of law as no mater how many google searches or google scholar searches I do, I can't find a single case that has ever been won under this theory of law.

I have found cases won in other states and other circuit however none in my state/circuit.

Is there some kind of service that you can quickly find supporting case law for a theory of law?

Perhaps a database that can help organize the chaos?

Thanks.
 


quincy

Senior Member
What is the name of your state?Colorado, 10th circuit

Is there anyway to find supporting case law for a theory of law? Maybe something like lexisnexis or something?

There is a theory of law as no mater how many google searches or google scholar searches I do, I can't find a single case that has ever been won under this theory of law.

I have found cases won in other states and other circuit however none in my state/circuit.

Is there some kind of service that you can quickly find supporting case law for a theory of law?

Perhaps a database that can help organize the chaos?

Thanks.
Huh?

What "theory of law" are you talking about?
 
Huh?

What "theory of law" are you talking about?

This explain the theory I am trying to prove:

https://content.next.westlaw.com/Document/I210505fdef0811e28578f7ccc38dcbee/View/FullText.html?contextData=(sc.Default)&transitionType=Default&firstPage=true&bhcp=1

I am looking for 1 case that this theory was successfully proved. It seem almost like even though this is the law, the Judges in certain areas do not honor it even when the facts of the case are stronger than other states which have granted it.

Maybe this is the type of thing that goes to an appeal/supreme court?

I have read some of the cases with this keyword however they are extremely complicated and usually have back and forth over procedural issues.
Like the Judge was wrong to do summary judgement or not to allow discovery,etc.. Nothing really showing this case winning.

I want to find a winning case and find how those facts match up against mine however I can't even find 1 case of this theory being proven in court .

How do I find a single case in which it has been successfully proved either in the lower courts or the 10th circuit court of appeals?

Do I need LexisNexis or something like that? If someone could give me so much as 1 single case in which this has been proven in the 10th circuit area, that would make my day.
 
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quincy

Senior Member
SpaceSkyDive, have you posted here before with questions about the Uniform Fraudulent Transfers Act (Uniform Voidable Transfers Act)? Just curious.

In what area of the law is your interest in successor liability (taxes, employment, manufacturing ...)? This makes a difference in whether a claim of successor liability has a chance of being successful. It also narrows your search for applicable cases.

You might find this case and the additional information provided helpful:
https://casetext.com/case/florom-v-elliott-mfg-2
 
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SpaceSkyDive, have you posted here before with questions about the Uniform Fraudulent Transfers Act (Uniform Voidable Transfers Act)? Just curious.

In what area of the law is your interest in successor liability (taxes, employment, manufacturing ...)? This makes a difference in whether a claim of successor liability has a chance of being successful. It also narrows your search for applicable cases.

You might find this case and the additional information provided helpful:
https://casetext.com/case/florom-v-elliott-mfg-2
So that case you sent me said " Recognizing a successor company's duty to warn in some situations "

So to answer your question, this is for general litigation/breach of contract against a first company that was already won.

I have a judgement against the first company. The company in order to escape the judgement just renamed themselves than basically gave me the finger and baited me to sue them in court. They said that no one has ever won a case like this so they were going to get away with it. They don't even deny what they did.

So I am looking for case law in this circuit because I have a feeling it will end up in the appeals court.

Is this " duty to warn in some situations" the same as general civil litigation right in regards to this theory of law?

Should I be looking for another type of case?

Thanks.
 

Taxing Matters

Overtaxed Member
It might help if you explained the facts that give rise to the question and why you are referencing 10th circuit. Is the case being litigated in the federal district court in Colorado or in state district or county court? The facts and where you are litigating the case matter. Successor liability is a doctrine that is applied in particular fact patterns to ensure debtors do not cheat their creditors by essentially continuing the same business under another entity.
 

quincy

Senior Member
So that case you sent me said " Recognizing a successor company's duty to warn in some situations "

So to answer your question, this is for general litigation/breach of contract against a first company that was already won.

I have a judgement against the first company. The company in order to escape the judgement just renamed themselves than basically gave me the finger and baited me to sue them in court. They said that no one has ever won a case like this so they were going to get away with it.

So I am looking for case law in this circuit because I have a feeling it will end up in the appeals court.

duty to warn in some situations is not the same as civil litigation right?

Should I be looking for another type of case?

Thanks.
In Colorado, the successor company as a rule has no liability for the acts/actions of the old company, with four exceptions as outlined in the case I cited. You might want to reread the case and note the exceptions.

One exception that could apply given the little you've disclosed would be if the new company was formed fraudulently, to escape the liabilities of the old company.

The "duty to warn" would not apply based on the few facts you've provided.

More details could help although I understand if you do not want to get into the particulars. But you will then want to review facts with an attorney in your area.
 
e you are litigating the case matter. Successor liability is a doctrine that is applied in particular fact patterns to ensure debtors do not cheat their creditors by essentially continuing the same business under another entity
Its a doctrine which I would like to find cases to support. It seems that in many cases, Judges just decide not to follow the rules.

I have seen cases in which a new company was formed literally the day before the judgement to escape the judgement and the case going after the successor was denied basic discovery and even thrown out on summary judgement despite overwhelming facts.

When you say the fact patterns, do you mean the 4 exceptions carved out in the rule or do you mean the action taken by the party creating the new company. Like I said, I have seen people get away with murder in this regards.
 
In Colorado, the successor company as a rule has no liability for the acts/actions of the old company, with four exceptions as outlined in the case I cited. You might want to reread the case and note the exceptions.

One exception that could apply given the little you've disclosed would be if the new company was formed fraudulently, to escape the liabilities of the old company.

The "duty to warn" would not apply based on the few facts you've provided.

More details could help although I understand if you do not want to get into the particulars. But you will then want to review facts with an attorney in your area.
Would it be cool if I PM you more particulars? You never know who is looking at these forums.
 

quincy

Senior Member
Would it be cool if I PM you more particulars? You never know who is looking at these forums.
You can send me a private message with the particulars and I will keep private what you disclose - but please know that I don't respond to any questions off the board.

If you send the message just to me, the message should stay just between the two of us.
 
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You can send me a private message with the particulars and I will keep private what you disclose - but please know that I don't respond to any questions off the board.

If you send the message just to me, the message should stay just between the two of us.
Sure, I can do that. Also, do you have any particular questions I can also answer? I can go into much greater detail.
Its kind of a crazy story that is really all over the place.
 

quincy

Senior Member
Sure, I can do that. Also, do you have any particular questions I can also answer? I can go into much greater detail.
Its kind of a crazy story that is really all over the place.
I didn't want you to think I am ignoring you. I received your private message and will read through it more carefully later and get back to you.

Thanks for the additional information.
 

quincy

Senior Member
... I have a judgement against the first company. The company in order to escape the judgement just renamed themselves than basically gave me the finger and baited me to sue them in court. They said that no one has ever won a case like this so they were going to get away with it. They don't even deny what they did.

So I am looking for case law in this circuit because I have a feeling it will end up in the appeals court. ...
You already have a judgment against company number one so your main issue is collecting on your judgment from a company that is showing it has no assets.

If I understand correctly, you want to collect on the judgment from company number two because, as you understand it and believe, company number two is essentially company number one, established as a way to escape the debts of company number one.

It could be possible for you to sue under one or more of the exceptions to Colorado's successor nonliability (e.g., merger, continuation of old company, fraud) but I think you will have a difficult time doing this on your own. You have some reasonable suspicions but you need more facts and evidence.

You have not mentioned the amount of your judgment. It should be significant to justify the costs you are likely to have to expend to pursue this.

You really need personal attention from an attorney in your area.
 

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