Trustees of the National Elevator Industry Pension, Health Benefit and Educational Funds v. Andrew Lutyk

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the Court of Appeals for the Third Circuit has never characterized the factors “as elements of a rigid test”
• concluding that finding of insolvency weighed in favor of piercing the corporate veil
• holding that fraudulent intent not required for piercing the corporate veil
• noting that an “element of injustice or fundamental unfairness” is present where incoming revenues are directed away from an undercapitalized corporation and into the hands of the controlling party
• noting that the burden of proof “rests with the party attempting to negate the existence of a separate entity”
• explaining that these factors are not the exclusive approach to determining whether the first element of a piercing the corporate veil claim

Source: CourtListener parenthetical corpus (CC0).