United States Third Circuit

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BRZOZOWSKI v. CORR. PHYSICIAN SERVS., INC., 02-3659

When an insolvent employer sells a substantial portion of its assets to another corporation, that company may be subject to successor liability in the Title VII context. Because substantial portions of Title VII are governed by laches, rather than a statute of limitations, the relation back provision of FRCP 15(c)(3) does not apply to the joinder of the successor corporation as an additional defendant.

Appellate Information

  • Argued 10/02/2003
  • Decided 02/23/2004
  • Published 02/23/2004

Judges

  • Before RENDELL, WEIS, and GARTH Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Harold I. Goodman, (Argued), Raynes, McCarty, Binder, Ross & Mundy, Philadelphia, for Appellant.

  • For Appellees:
  • Andrew J. Rolfes, (Argued), Klett Rooney Lieber & Schorling, Philadelphia, for Appellee Prison Health Services, Inc.
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