Citation. Fletcher v. Atex, Inc., 68 F.3d 1451, CCH Prod. Liab. Rep. P14,358 (2d Cir. N.Y. Oct. 5, 1995)
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Brief Fact Summary.
Fletcher, (Appellants), brought this personal injury suit against Eastman Kodak Company, (Appellee), and its subsidiary, Atex, Inc. Appellants appeal summary judgment in favor of Appellee.
Synopsis of Rule of Law.
To pierce the corporate veil on an alter ego theory, a plaintiff must show that the two corporations operated as a single economic entity and that an overall element of injustice or unfairness is present. Among the factors to be considered in determining whether the two corporations operate as a single economic entity are: whether the corporation was adequately capitalized; whether the corporation was solvent; whether corporate formalities were observed; whether the dominant shareholder siphoned corporate funds; and whether in general the corporation simply functioned as a fa.
