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Thank you for that wonderful explanation! Knowing a few things about LLC law, I had wondered the details of what was going on. Every article is like "they moved
by mindslight 4y ago
Thank you for that wonderful explanation! Knowing a few things about LLC law, I had wondered the details of what was going on. Every article is like "they moved the liabilities to a new company (because Texas), the end". Per your explanation, it actually sounds like a simple application of general concepts, and also a very sensible court decision that shot it down.
FWIW I think a straightforward sanction in these types of cases would be to pierce the corporate veil to claw back the dividends and executive compensation paid out after the company became aware of the dangers of their product. Once the company becomes aware of a large liability, then any such payments are fraudulent transfers.