id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
cblr-2957	Davis, Wendy B.	De Facto Merger, Federal Common Law, and Erie: Constitutional Issues in Successor Liability	2008	79	.pdf	application/pdf	27674	1158	51	The Court did not deny that federal common law existed, admitting Although it is much too late to deny that there is a significant body of federal law that has been fashioned by the federal judiciary in the common law tradition, it remains true that federal courts, unlike their state counterparts, are courts of limited jurisdiction that have not been vested with open-ended lawmaking powers. [Vol. 2008 No. 2:529] CONSTITUTIONAL ISSUES IN SUCCESSOR LIABILITY 553 It is significant that the Supreme Court in Atherton refused to create federal common law to determine the degree of negligence required to impose liability on directors of national banks, and yet several Circuit Courts have been willing to create federal law to determine successor liability issues for state chartered corporations 08	cache/cblr-2957.pdf	txt/cblr-2957.txt