veil-piercing test (Colorado) · Go Syfert
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veil-piercing test in Colorado

7 Colorado opinions name it 2 courts 2009–2024 1 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
In Re Phillipsgreen
colo · 2006 · cited in 3 Colorado opinions naming this issue, 2009–2019
2 sentences

2012We disagree. ¶ 18 "The second prong of the veil-piercing test is whether justice requires recognizing the substance of the relationship between the corporation and the person or entity sought to be held liable over the form because the corporate fiction was 'used to perpetrate a fraud or defeat a rightful claim."" McCallum Family L.L.C., 221 P.3d at 78 (quoting In re Phillips, 139 P.3d 639, 644 (Colo.2006)).

2009The second prong of the veil-piercing inquiry reflects a recognition that the corporate veil may be pierced "[oluly when the corporate form was used to shield a dominant shareholder's improprieties." Phillips, 139 P.3d at 644 ; see Indus.

23
Sheffield Services Co. v. Trowbridgegreen
coloctapp · 2009 · cited in 2 Colorado opinions naming this issue, 2012–2013
2 sentences

2013The court of appeals extended the logic of section 7-80-107(1), which allows a plaintiff to assert a veil-piercing claim against an LLC member, "to impose personal liability on LLC managers under the common law "trustee doctrine"" Id. at 723 .

2012See McCallum, 221 P.3d at 79 (removal of all corporate funds to avoid paying debt owed to the corporation's lessor); Sheffield Services, 211 P.3d at 722 (manager of a limited liability company "concealed" transactions and actively transferred funds for the purpose of frustrating claims against the entity); LaFond, 683 P.2d at 369-70 (president and general manager took corporate funds to avoid paying builder for home remodeling work contracted for by the corporation); Rosebud Corp., 39 Colo.App. at 86-89 , 561 P.2d at 369-71 (director "converted" corporate funds to avoid paying lender's promiss

12
Boulder County Bd. of Com'rs v. Healthsouthgreen
colo · 2011 · cited in 1 Colorado opinions naming this issue, 2017–2017
1 sentence

2017Bd. of Comm’rs v. HealthSouth Corp., 246 P.3d 948, 954 (Colo. 2011). ¶24 Similarly, requiring a petitioner in a dissolution proceeding to plead a veil-piercing claim in the dissolution petition would potentially require the joinder of third parties at the outset of the proceeding.

11
Rosebud Corp. v. Boggiogreen
coloctapp · 1977 · cited in 1 Colorado opinions naming this issue, 2012–2012
2 sentences

2012See McCallum, 221 P.3d at 79 (removal of all corporate funds to avoid paying debt owed to the corporation's lessor); Sheffield Services, 211 P.3d at 722 (manager of a limited liability company "concealed" transactions and actively transferred funds for the purpose of frustrating claims against the entity); LaFond, 683 P.2d at 369-70 (president and general manager took corporate funds to avoid paying builder for home remodeling work contracted for by the corporation); Rosebud Corp., 39 Colo.App. at 86-89 , 561 P.2d at 369-71 (director "converted" corporate funds to avoid paying lender's promiss

2012See McCallum, 221 P.3d at 79 (removal of all corporate funds to avoid paying debt owed to the corporation's lessor); Sheffield Services, 211 P.3d at 722 (manager of a limited liability company "concealed" transactions and actively transferred funds for the purpose of frustrating claims against the entity); LaFond, 683 P.2d at 369-70 (president and general manager took corporate funds to avoid paying builder for home remodeling work contracted for by the corporation); Rosebud Corp., 39 Colo.App. at 86-89 , 561 P.2d at 369-71 (director "converted" corporate funds to avoid paying lender's promiss

11
LaFond v. Bashamgreen
coloctapp · 1984 · cited in 1 Colorado opinions naming this issue, 2012–2012
1 sentence

2012See McCallum, 221 P.3d at 79 (removal of all corporate funds to avoid paying debt owed to the corporation's lessor); Sheffield Services, 211 P.3d at 722 (manager of a limited liability company "concealed" transactions and actively transferred funds for the purpose of frustrating claims against the entity); LaFond, 683 P.2d at 369-70 (president and general manager took corporate funds to avoid paying builder for home remodeling work contracted for by the corporation); Rosebud Corp., 39 Colo.App. at 86-89 , 561 P.2d at 369-71 (director "converted" corporate funds to avoid paying lender's promiss

11
McCallum Family L.L.C. v. Wingergreen
coloctapp · 2009 · cited in 1 Colorado opinions naming this issue, 2012–2012
2 sentences

2012See McCallum, 221 P.3d at 79 (removal of all corporate funds to avoid paying debt owed to the corporation's lessor); Sheffield Services, 211 P.3d at 722 (manager of a limited liability company "concealed" transactions and actively transferred funds for the purpose of frustrating claims against the entity); LaFond, 683 P.2d at 369-70 (president and general manager took corporate funds to avoid paying builder for home remodeling work contracted for by the corporation); Rosebud Corp., 39 Colo.App. at 86-89 , 561 P.2d at 369-71 (director "converted" corporate funds to avoid paying lender's promiss

2012We disagree. ¶ 18 "The second prong of the veil-piercing test is whether justice requires recognizing the substance of the relationship between the corporation and the person or entity sought to be held liable over the form because the corporate fiction was 'used to perpetrate a fraud or defeat a rightful claim."" McCallum Family L.L.C., 221 P.3d at 78 (quoting In re Phillips, 139 P.3d 639, 644 (Colo.2006)).

11
Industrial Commission v. Lavachgreen
colo · 1968 · cited in 1 Colorado opinions naming this issue, 2009–2009
2 sentences

2009Comm'n v. Lavach, 165 Colo. 433, 436-37 , 439 P.2d 359, 361 (1968).

2009Comm'n v. Lavach, 165 Colo. 433, 436-37 , 439 P.2d 359, 361 (1968).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Dill v. Rembrandt Group, Inc green
coloctapp · 2020
1 sentence

2024Dill v. Rembrandt Grp., Inc., 2020 COA 69, ¶ 28 .

12024–2024
DCP Midstream, LP v. Anadarko Petroleum Corp. green
colo · 2013
2 sentences

2017We perceive no such requirement in the applicable statutes, and we may not add one. ¶3 We further conclude, however, that when InterNACHI objected to the scope of Wife’s subpoena, the district court did not take the active role in managing discovery that DCP Midstream, LP v, Anadarko Petroleum Corn., 2013 CO 36 , 303 P.3d 1187 , requires.

2017We perceive no such requirement in the applicable statutes, and we may not add one. ¶3 We further conclude, however, that when InterNACHI objected to the scope of Wife’s subpoena, the district court did not take the active role in managing discovery that DCP Midstream, LP v, Anadarko Petroleum Corn., 2013 CO 36 , 303 P.3d 1187 , requires.

12017–2017
Wachovia Securities, LLC v. Jahelka green
ilnd · 2008
1 sentence

2012The court further noted that "[uJnder Illinois law, a party who prevails on a veil-piercing claim can recover attorneys' fees if the underlying statute or contract provides for an award of fees." Id. at 1018 .

12012–2012
Labadie Coal Co. v. Black green
cadc · 1982
1 sentence

2009Id. at 98-100 .

12009–2009

Where else courts name it

NY 19 (2000–2026) IL 11 (2014–2026) CO 7 (2009–2024) CT 6 (2012–2025) TX 6 (2012–2017) NC 5 (2015–2025) PA 5 (2022–2026) DE 5 (2013–2024) AK 4 (2013–2025) MN 4 (2006–2018) GA 4 (2013–2019) MS 3 (2012–2026) NV 2 (2017–2017) OH 2 (2016–2023) OR 2 (2006–2006) MO 2 (2014–2014) MI 2 (2017–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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