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.
- Argued 10/02/2003
- Decided 02/23/2004
- Published 02/23/2004
- Before RENDELL, WEIS, and GARTH Circuit Judges.
- United States Third Circuit
- 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.