RSS SUBSCRIBE

In NY Business & Consumer Fraud Case, Court Refuses to Pierce the Corporate Veil

In a strongly worded — and educational — opinion, a New York Federal Judge went out of his way to delineate what allegations suffice, and in White v. National Home Protection, Inc., what did not suffice, to survive dismissal on a claim seeking to pierce the corporate veil.
In granting the defendants’ motions to dismiss [...]

In Breach of Contract Case, NY Court Upholds Piercing the Corporate Veil Claim

In Geneva Capital Corp. v. American Lending Services, LLC, a decision that was reported in last week’s New York Law Journal, a New York County trial judge acted in Solomonic fashion: she dismissed some of the claims, while letting stand other claims, including the plaintiff’s claim seeking to hold the individual defendant personally liable for [...]

Commission Salesman Not Entitled to Recover Statutory Damages, Attorney’s Fees on Breach of Contract Claim, NY Court Holds

In today’s edition of the New York Law Journal, there was an interesting decision from a New York County trial court in a breach of contract case, Garber v. Inter Capital Resources LLC. In this case, the plaintiff was a commission salesman who sought to recover the commissions that he purportedly earned – but was [...]

Constructive Fraud: A Lesser-Known, But Powerful Tool in New York To Recover Money That You’re Owed

Many small businesses’ recurring nightmare, particularly in this economy, looks something like this:
Debtor D (we’ll call him “D,” for short) owes you tens of thousands of dollars for product that you delivered months ago. When you inquire as to what the delay is in receiving payment, you get a run-around, and ultimately find out that [...]

When A Company Can Enforce A Contract’s Terms – Even If They Weren’t A Party To The Original Contract – Under New York Law

Strange as it may sound, there are times that you can reap the benefit of a contract’s provisions even if you had nothing to do with the contract at the time it was signed. And this is exactly what happened in Corbett v. Firstline Security, Inc., et al.
In this case, the plaintiff sued to recover [...]

New York Federal Judge Allows Piercing the Corporate Veil Claims To Proceed – For Now

In light of my previous columns (see, e.g., Piercing the Corporate Veil – Critical Facts That You Will Need to Prove Your Case and, from earlier today, No Personal Liability For Corporate Fraud, Court Holds) setting forth some of the difficulties in piercing the corporate veil, here’s a “hot-off-the-presses” decision from a Federal judge in [...]

Posted Under: breach of fiduciary duty, business fraud, piercing corporate veil
This post was written by Jonathan Cooper on December 14, 2009 Comments (0)

No Personal Liability For Corporate Fraud, New York Federal Court Holds

Can the president of a small  company  be held personally liable for the company’s issuance of dishonored checks? Not unless the plaintiff can prove that this individual officer was personally involved in the checks’ issuance, said  a New York Federal Judge.
In Interstate Foods, Inc. v. Lehmann, a decision that was recently published in the New [...]

Westchester Court Refuses To Let Defendant Off The Hook On Fraud Claims

In a case with salacious – and all-too-common facts – that was reported in this week’s New York Law Journal, a Westchester County court declined to dismiss the plaintiff’s claim that the defendants were diverting their assets in a desperate attempt to avoid a judgment that had been rendered against them in a breach of [...]

Posted Under: Breach of contract, business fraud, commercial litigation, piercing corporate veil
This post was written by Jonathan Cooper on December 9, 2009 Comments (0)

Piercing the Corporate Veil – Critical Facts That You Will Need To Prove Your Case Under New York Law

The fact pattern is all too familiar:  D enters into a contract with small business P to jointly develop certain products, and then not only breaches the contract with P, but then breaches his fiduciary duty to P and uses the proprietary information that he gained during their alliance to try and poach P’s proprietary [...]