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Abandoning Bankruptcy Law's "Identity Of Interest" Exception, Michigan Law Review
Abandoning Bankruptcy Law's "Identity Of Interest" Exception, Michigan Law Review
Michigan Law Review
Section I of this Note discusses the goals and weaknesses of the identity of interest exception; Section II explains the advantages of consolidation and novation; and the final Section suggests a way to separate cases where novation is appropriate from those where consolidation is the preferred remedy.
Survival Of Rights Of Action After Corporate Merger, Michigan Law Review
Survival Of Rights Of Action After Corporate Merger, Michigan Law Review
Michigan Law Review
Once a corporation ceases to exist, most courts permit neither primary nor derivative suits to be brought in its name. If a merger precipitates that corporate demise, courts usually hold that standing to sue, like other assets of the "merged" corporation, passes to the surviving corporation. This Note ponders the merit of that rule of passage.
Section I categorizes the cases defining the rule of passage. Some courts have steadfastly adhered to the rule and denied standing to the merged corporation's shareholders. Other courts, fearing that the rule would preclude meritorious actions, have created exceptions allowing these shareholders to sue …
A Note On Corporate America, Simon M. Lorne
A Note On Corporate America, Simon M. Lorne
Michigan Law Review
A Review of The Attack on Corporate America: The Corporate Issues Sourcebook edited by M. Bruce Johnson
Multinationals Revisited, John M. Niehuss
Multinationals Revisited, John M. Niehuss
Michigan Law Review
A Review of Storm over the Multinationals--The Real Issues by Raymond Vernon