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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Atelier Constantin Popescu, LLC v. JC Corp., 134 Conn. App. 731 (2012)

Citation
Atelier Constantin Popescu, LLC v. JC Corp., 134 Conn. App. 731 (2012)
Parent Document
Atelier Constantin Popescu, LLC v. JC Corp., 134 Conn. App. 731 (2012)
Jurisdiction
Connecticut (state)
Effective Date
2012-04-17

Other Sections in This Document (97)

Full Text

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Our courts have concluded that the corporate veil may be pierced if either the instrumentality rule or the identity rule is satisfied. In the present case, the court expressly relied on both doctrines. “The instrumentality rule requires, in any case but an express agency, proof of three elements: (1) Control, not mere majority or complete stock control, but complete domination, not only of finances but of policy and business practice in respect to the transaction attacked so that the corporate entity as to this transaction had at the time no separate mind, will or existence of its own; (2) that such control must have been used by the defendant to commit fraud or wrong, to perpetrate the violation of a statutory or other positive legal duty, or a dishonest or unjust act in contravention of [the] plaintiffs legal rights; and (3) that the aforesaid control and breach of duty must proximately cause the injury or unjust loss complained of. . . .