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· 3/21/2012

Wachovia Securities, LLC v. Banco Panamericano, Inc.

Citations

  • 674 F.3d 743
  • 2012 WL 954123
  • 2012 U.S. App. LEXIS 5862

How courts have described this case

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

  • holding that by waiting until trial to address choice of law while asserting only Illinois law in their briefs, the defendants waived the issue
  • piercing the defendant’s corporate veil to hold the individual defendants liable for the judgment, including the contractually obligated attorneys’ fees
  • affirming veil piercing based on an individual defendant’s “domination of [the entity’s] decision-making,” which effectively made other officers and employees “nonfunctioning”
  • sanctioning a fraud or injustice for piercing the corporate veil requires “something less than an affirmative showing of fraud,” but “something more than the mere prospect of an unsatisfied judgment”
  • finding corporate looting after the price of a stock the company purchased on margin collapsed because it paid nearly $1.2 million to insiders or related entities rather than paying its creditors
  • as to which State’s substantive law controls, a federal court sitting in diversity applies the choice-of-law rules of the forum state

Source: CourtListener parenthetical corpus (CC0).

Judges: Manton, Tinder, Hamilton

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.