Commercial Litigation

Court to Consider De Facto Merger After Fizzano Brothers

, The Legal Intelligencer


U.S. District Senior Judge Anita Brody of the Eastern District of Pennsylvania recently presided over a nonjury trial in Lehman Brothers Holdings v. Gateway Funding Diversified Mortgage Services. The case represents the first occasion for the district court to consider the legal principle of de facto merger under Pennsylvania law following the Pennsylvania Supreme Court's landmark decision in Fizzano Brothers Concrete Products v. XLN.

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