Domsey Trading Corp.

9 Cited authorities

Textile Workers v. Lincoln Mills
353 U.S. 448 (1957) Cited 2,325 times 1 Legal Analyses
Holding that § 301 expresses a federal policy in favor of the enforceability of labor contracts
Hoffman Plastic Compounds v. Nat'l Labor Relations Bd.
535 U.S. 137 (2002) Cited 322 times 38 Legal Analyses
Holding that backpay awards to undocumented workers terminated in violation of the National Labor Relations Act ran counter to federal immigration law
Labor Board v. Deena Artware
361 U.S. 398 (1960) Cited 139 times
Ruling that derivative liability could be imposed on the basis of single employer status
Cascade Energy and Metals Corp. v. Banks
896 F.2d 1557 (10th Cir. 1990) Cited 107 times
Holding that, "[a]bsent a clear statement" by state supreme court adopting outside reverse — piercing theory, federal court will not reverse pierce
N.L.R.B. v. Greater Kansas City Roofing
2 F.3d 1047 (10th Cir. 1993) Cited 97 times
Holding it was error to hold sole shareholder personally liable for judgment against corporation she controlled because that there was no evidence to suggest her disregard for many corporate formalities constituted fraud or was done to cause the company to be less able to pay a judgment
Nat'l Labor Relations Bd. v. Fullerton Transfer & Storage Ltd.
910 F.2d 331 (6th Cir. 1990) Cited 90 times
Articulating the alter-ego standard as “whether the two enterprises have substantially identical management, business purpose, operation, equipment, customers, supervision and ownership”
Contractors, Laborers, Teamsters, v. Hroch
757 F.2d 184 (8th Cir. 1985) Cited 54 times
Allowing veil piercing because owner used subsidiary "in an inequitable fashion to avoid its obligations"
Wells v. Ronning
269 A.D.2d 690 (N.Y. App. Div. 2000) Cited 28 times
Applying New York Law to determine that "upon dissolution of the corporation, after the payment of or provision for all liabilities, the remaining assets may be distributed to the shareholders," citing N.Y. Business Corporations Law, § 1005
Matter of Rodgers v. Logan
121 A.D.2d 250 (N.Y. App. Div. 1986) Cited 38 times 1 Legal Analyses
In Rodgers, a creditor of a dissolved corporation was allowed to sue directly the former shareholders of the corporation for liabilities of the corporation.

Domsey Trading Corp.

9 Cited authorities

Holding that § 301 expresses a federal policy in favor of the enforceability of labor contracts

Holding that backpay awards to undocumented workers terminated in violation of the National Labor Relations Act ran counter to federal immigration law

Ruling that derivative liability could be imposed on the basis of single employer status

Holding that, "[a]bsent a clear statement" by state supreme court adopting outside reverse — piercing theory, federal court will not reverse pierce

Holding it was error to hold sole shareholder personally liable for judgment against corporation she controlled because that there was no evidence to suggest her disregard for many corporate formalities constituted fraud or was done to cause the company to be less able to pay a judgment

Articulating the alter-ego standard as “whether the two enterprises have substantially identical management, business purpose, operation, equipment, customers, supervision and ownership”

Allowing veil piercing because owner used subsidiary "in an inequitable fashion to avoid its obligations"

Applying New York Law to determine that "upon dissolution of the corporation, after the payment of or provision for all liabilities, the remaining assets may be distributed to the shareholders," citing N.Y. Business Corporations Law, § 1005

In Rodgers, a creditor of a dissolved corporation was allowed to sue directly the former shareholders of the corporation for liabilities of the corporation.