Assumption Of Liabilities

70 Florida cases classified under this topic · sorted by citation count · browse and sort

• Capitol Indem. Ins. Co. v. Commissioner OF Internal Revenue
  237 F.2d 901· 7th Cir.· 1956-10-26 ·cited 2×
  Payments made by Capitol to Founder's Stock holders were deductible as ordinary and necessary business expenses.
• Franklin v. City OF NEW York
  144 F.2d 571· 2d Cir.· 1944-08-16 ·cited 2×
  The court held that the City was not obligated to assume the company's contractual legal expenses, and modified the attorney's allowance based on benefit to the receivership estate.
• Polk Cnty. Lumber Co. v. Dwiggins
  100 Fla. 559· Fla.· 1930-08-04 ·cited 2×
  In this mortgage foreclosure appeal, the Florida Supreme Court held that Polk County Lumber Company became liable for a mortgage debt originally executed by Gulledge Lumber Company when Polk County was organized to take over Gulledge's assets and liabilities. The Court rejected P
• The John S. Boyd Co., Inc. v. Boston GAS Co.
  992 F.2d 401· 1st Cir.· 1993-05-26 ·cited 1×
  The court held that contractual agreements to indemnify or hold harmless do not transfer CERCLA liability to a third party, and that the specific language of the agreements at issue did not evidence intent to transfer environmental liabilities.
• Owen v. Resolution Tr. Corp.
  766 F. Supp. 1163· S.D. Fla.· 1991-06-26 ·cited 1×
  The court held that the Resolution Trust Corporation (RTC), standing in the shoes of City Federal Savings Bank, assumed liability for certain sales commissions through an assumption agreement, and that RICO claims are not actionable against the RTC absent proof of knowledge of th
• Epstein v. Drusin
  249 So. 2d 479· Fla. 3d DCA· 1971-06-01 ·cited 1×
  The court held that the doctrine of contribution was properly applied, as there was no agreement for one party to assume the other's share of the unconditional debt owed to a third party.
• Sofregen Med. Inc. v. Allergan Sales, LLC
  Del. Super. Ct.· 2023-06-08
  The Delaware Superior Court found that Allergan breached the Asset Purchase Agreement (APA) by failing to account for and turn over 131 units of SERI trunk stock, awarding Sofregen $393,000 in damages. The court also found in favor of Sofregen on Allergan's counterclaim for breac
• Philip Morris USA Inc. v. State
  Fla. 4th DCA· 2020-07-29
  The court affirmed a lower court's decision holding R.J. Reynolds liable for payments under a 1997 settlement agreement with Florida, despite Reynolds selling certain cigarette brands to ITG Brands in 2014. The court found that the asset purchase agreement did not alter Reynolds'
• The Weitz Co., LLC v. MCW Acquisition, LLC
  116 So. 3d 623· Fla. 3d DCA· 2013-07-03
  Weitz Company, a general contractor, appealed summary judgment in favor of MCW Acquisitions, a waterproofing subcontractor that acquired Metro Caulking's business and assumed its contractual obligations. The court reversed, finding that MCW validly assumed Metro Caulking's subcon
• IN & FOR NEW Castle Cnty. IN THE Matter OF Transamerica Airlines v. Transamerica Airlines, Inc.
  Del. Ch.· 2007-05-25
  The Delaware Court of Chancery recognized and enforced a Nigerian money judgment for breach of a commission agreement, finding that Delaware law, specifically the Uniform Foreign Money-Judgments Recognition Act (UFMJRA), provided for such recognition. The court rejected the defen
• Powers v. Aberdeen Golf & Country Club, Inc.
  886 So. 2d 312· Fla. 4th DCA· 2004-11-10
  The court held that the contract language was ambiguous regarding the assumption of liability and that the statute of limitations defense was waived by failing to assert it in the initial responsive pleading.
• Cushman Fruit AND Claims v. Cushman Fruit and Riscorp (FCF)
  644 So. 2d 576· Fla. 1st DCA· 1994-10-17
  This workers' compensation appeal addresses which insurance carrier was liable for an employee's injury on December 18, 1992. The court affirmed that FFV, the original carrier, was at risk on the date of accident because FCF's coverage was not effective until December 31, 1992, a
• B.J. Thomas v. Gusto Records, Inc.
  939 F.2d 395· 6th Cir.· 1991-07-29
  The court held that the district court properly considered industry custom to interpret ambiguous contract terms regarding royalties and that the defendants were liable for royalties incurred by prior owners of the master recordings.
• Shelby Mut. Ins. Co. v. Davey Ins. Assocs., Inc.
  489 So. 2d 1192· Fla. 3d DCA· 1986-06-03
  The court reversed summary judgment, holding that Davey Insurance assumed liability for its predecessor's agent's negligence in misfiling suit papers, that insurance coverage existed, and that a genuine issue of material fact remained regarding Tavilla's comparative negligence.
• Nw. Nat'l Bank OF Minneapolis v. Williamson
  545 F.2d 76· 8th Cir.· 1976-12-02
  The court held that Hoist substantially performed its obligation to include former Bros employees in its pension plan, entitling it to the trust assets, minus pro rata shares for excluded employees.
• Dreyfuss et ux. v. Commissioner of Internal Revenue
  140 F.2d 922· 5th Cir.· 1944-02-28
  Taxpayers are not entitled to bad debt deductions for debts they assumed and paid as their own, not as debts of the dissolved association.
• Sample Furniture Shops, Inc. v. Commissioner of Internal Revenue
  123 F.2d 90· 4th Cir.· 1941-10-17
  The court held that the corporate resolution, when viewed in context, could be construed to include the assumption of the transferor's personal income tax liability.