In the ongoing saga of what is known as the “Ashley II Litigation,” the United States District Court of South Carolina recently set aside several years of distributions to the shareholders of a dissolved, closely-held family corporation because the payments were intended to avoid liability for environmental contamination of property the company had not owned in 40 years. PCS Nitrogen, Inc. v. Ross Development Corp., 2015 BL 36539, D.S.C., No. 09-cv-03171, 2/12/15. This latest decision follows a prior case where PCS Nitrogen, Inc.

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