Did you ever think you were pursuing one company and then another acquires the assets during the litigation? I have a case against a franchise company, but the franchise agreement was assigned during the dispute to another with a similar name, and without formal notice of assignment. Maybe something similar has happened to you.

After discovery was substantially completed, you learn that the defendant or its assets have been sold. You are naturally concerned for your client. Will you obtain an empty judgment? The case management order says the deadline for amendments has passed. How do you explain that you might need to amend, but you don’t even have enough information whether the named defendant has assets, or whether the transferee has assets?

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