In re Emoral Inc., No. 13-1467; Third Circuit; opinion by Barry, U.S.C.J.; dissent by Cowen, U.S.C.J.; filed January 24, 2014. Before Judges Fuentes, Cowen and Barry. On appeal from the District of New Jersey. [Sat below: Judge Chesler.] DDS No. 42-8-xxxx [23 pp.]
Aaroma Holdings, L.L.C., purchased certain assets and assumed certain liabilities of Emoral Inc., a manufacturer of diacetyl, a chemical used in the food flavoring industry. Because of potential claims against Emoral arising from exposure to diacetyl, the purchase agreement provided that Aaroma was not assuming Emoral’s liabilities related to the Diacetyl litigation.
