shareholders are not personally responsible for corporate liabilities. However,
if a corporation has been operated as
the “alter ego” of its shareholders, the corporation’s creditors-including torts claimants- may be permitted to “pierce
the corporate veil” and enforce their claims directly against the shareholders.
(Similarly, an action may lie on an “alter ego” theory against the corporate
parent of a wrongdoing subsidiary.) Two requirements must be established prior
to considering whether the “alter-ego” liability may be appropriate.
Unity of interest: It must appear that the corporation was influenced
and governed by the persons sought to be held liable for its conduct; and there must be such “u...
By S.J. Walker
written discovery is a constant in all of litigation. The goal: to permit parties
to evaluate the case, identify issues, and prepare for depositions and trial.
Much of written discovery begins with form interrogatories and special
interrogatories. Unfortunately, novice lawyers, and possibly some seasoned
lawyers, forget that the defense counsel will use the information in your client’s
interrogatories at deposition and throughout the case. As such, making sure a
proper analysis is done on each question will ensure your client provides the
proper and accurate responses. It is the professional responsibility of the
lawyer to represent their client competently and diligently, ...