Kinney Shoe Corp V Polan
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Kinney Shoe Corp V Polan
''Kinney Shoe Corp v. Polan'', 939 F.2d 209 (4th Cir. 1991), is a US corporate law case, concerning piercing the corporate veil. Facts Kinney Shoe Corp sued Mr Lincoln M Polan to pay money outstanding on a sub-lease by the "Industrial Realty Company". Polan wholly owned "Industrial", but had never held any corporate meetings or elected officers. The question is whether Kinney could pursue Mr Polan for the debt. Judgment Chapman J quoted from '' Sanders v Roselawn Memorial Gardens, Inc.'' that the "fiction" of separate legal personality, It emphasized that each case should be decided on its facts, and pointed to a number of relevant factors. *that Industrial was not adequately capitalized (no capital had been paid in) *no corporate formalities, such as taking minutes or electing officers, had been observedquoting, ''Labadie Coal Co v Black'' 672 F2d 92, 96-8 (DD Cir 1982) "Individuals who wish to enjoy limited personal liability for business activities under a corporate umbr ...
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United States Court Of Appeals For The Fourth Circuit
The United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.) is a federal court located in Richmond, Virginia, with appellate jurisdiction over the district courts in the following districts: * District of Maryland *Eastern District of North Carolina * Middle District of North Carolina *Western District of North Carolina * District of South Carolina * Eastern District of Virginia * Western District of Virginia * Northern District of West Virginia *Southern District of West Virginia The court is based at the Lewis F. Powell Jr. United States Courthouse in Richmond, Virginia. With 15 authorized judgeships, it is mid-sized among the 13 United States Courts of Appeals. __TOC__ Current composition of the court : Vacancies and pending nominations List of former judges Chief judges Succession of seats ...
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Kenneth Keller Hall
Kenneth Keller Hall (February 24, 1918 – July 8, 1999) was a United States circuit judge of the United States Court of Appeals for the Fourth Circuit and was previously a United States district judge of the United States District Court for the Southern District of West Virginia. Education and career Born in Greenview, West Virginia. He graduated from Scott High School, where he was the captain of the football team. He attended New River State College and Morris Harvey College. He moved to Washington, D.C. and worked a government employee in civil service. He served in the United States Naval Reserve during the World War II era, from 1942 to 1945 and was discharged as a lieutenant. He received a Juris Doctor from West Virginia University College of Law in 1948, and was in private practice in Madison, West Virginia from 1948 to 1953, also serving as Mayor of Madison from 1949 to 1952. He was a judge of the West Virginia 25th Judicial Circuit in Madison from 1953 to 1969, returni ...
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Robert F
The name Robert is an ancient Germanic given name, from Proto-Germanic "fame" and "bright" (''Hrōþiberhtaz''). Compare Old Dutch ''Robrecht'' and Old High German ''Hrodebert'' (a compound of '' Hruod'' ( non, Hróðr) "fame, glory, honour, praise, renown" and '' berht'' "bright, light, shining"). It is the second most frequently used given name of ancient Germanic origin. It is also in use as a surname. Another commonly used form of the name is Rupert. After becoming widely used in Continental Europe it entered England in its Old French form ''Robert'', where an Old English cognate form (''Hrēodbēorht'', ''Hrodberht'', ''Hrēodbēorð'', ''Hrœdbœrð'', ''Hrœdberð'', ''Hrōðberχtŕ'') had existed before the Norman Conquest. The feminine version is Roberta. The Italian, Portuguese, and Spanish form is Roberto. Robert is also a common name in many Germanic languages, including English, German, Dutch, Norwegian, Swedish, Scots, Danish, and Icelandic. It c ...
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Hiram Hamilton Ward
Hiram Hamilton Ward (April 29, 1923 – April 4, 2002) was a United States district judge of the United States District Court for the Middle District of North Carolina. Education and career Born in Thomasville, North Carolina, Ward received a Bachelor of Laws from Wake Forest University School of Law in 1950. He served in the United States Army Air Forces (rising to the rank of lieutenant colonel) from 1940 to 1945. He was in private practice in Denton, North Carolina from 1950 to 1951. He was a staff attorney for the National Production Authority in Washington, D.C. from 1951 to 1952. He was in private practice in Lexington and Denton from 1952 to 1972. He was an interim judge of the local Recorder's Court in Denton in 1961. Federal judicial service Ward was nominated by President Richard Nixon on May 18, 1972, to a seat on the United States District Court for the Middle District of North Carolina vacated by Judge Edwin Monroe Stanley. He was confirmed by the United States ...
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Piercing The Corporate Veil
Piercing the corporate veil or lifting the corporate veil is a legal decision to treat the rights or duties of a corporation as the rights or liabilities of its shareholders. Usually a corporation is treated as a separate legal person, which is solely responsible for the debts it incurs and the sole beneficiary of the credit it is owed. Common law countries usually uphold this principle of separate personhood, but in exceptional situations may "pierce" or "lift" the corporate veil. A simple example would be where a businessman has left his job as a director and has signed a contract to not compete with the company he has just left for a period of time. If he sets up a company which competed with his former company, technically it would be the company and not the person competing. But it is likely a court would say that the new company was just a "sham" or a "cover"; and that as the new company is completely owned and controlled by one person that the former employee is deliberately ...
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US Corporate Law
United States corporate law regulates the governance, finance and power of corporations in US law. Every state and territory has its own basic corporate code, while federal law creates minimum standards for trade in company shares and governance rights, found mostly in the Securities Act of 1933 and the Securities and Exchange Act of 1934, as amended by laws like the Sarbanes–Oxley Act of 2002 and the Dodd–Frank Wall Street Reform and Consumer Protection Act. The US Constitution was interpreted by the US Supreme Court to allow corporations to incorporate in the state of their choice, regardless of where their headquarters are. Over the 20th century, most major corporations incorporated under the Delaware General Corporation Law, which offered lower corporate taxes, fewer shareholder rights against directors, and developed a specialized court and legal profession. Nevada has done the same. Twenty-four states follow the Model Business Corporation Act, while New York and Calif ...
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Piercing The Corporate Veil
Piercing the corporate veil or lifting the corporate veil is a legal decision to treat the rights or duties of a corporation as the rights or liabilities of its shareholders. Usually a corporation is treated as a separate legal person, which is solely responsible for the debts it incurs and the sole beneficiary of the credit it is owed. Common law countries usually uphold this principle of separate personhood, but in exceptional situations may "pierce" or "lift" the corporate veil. A simple example would be where a businessman has left his job as a director and has signed a contract to not compete with the company he has just left for a period of time. If he sets up a company which competed with his former company, technically it would be the company and not the person competing. But it is likely a court would say that the new company was just a "sham" or a "cover"; and that as the new company is completely owned and controlled by one person that the former employee is deliberately ...
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Sanders V Roselawn Memorial Gardens, Inc
Sanders may refer to: People Surname * Sanders (surname) * Bernie Sanders, US presidential candidate and senator * Sarah Huckabee Sanders, former White House press secretary and daughter of Mike Huckabee * Colonel Sanders, founder of KFC (Kentucky Fried Chicken) Given name *Sanders Anne Laubenthal (1943–2002), US writer * Sanders Shiver (born 1955), former US National Football League player Corporations * Sanders Associates, part of BAE Systems * Sanders Aviation * Sanders Coaches, bus operator in England * Sanders Confectionery, Detroit, United States Place names ;United States * Sanders, Arizona, an unincorporated community * Sanders, Indiana, an unincorporated community * Sanders, Kentucky, a city * Sanders Township, Pennington County, Minnesota * Sanders, Montana, an unincorporated community * Sanders County, Montana * Sanders Creek, Texas * Fort Sanders (Wyoming), constructed in 1866 near Laramie ;Astronomy * 3029 Sanders, an asteroid Other uses * Sanders of Oxfor ...
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Pierce The Corporate Veil
Piercing the corporate veil or lifting the corporate veil is a legal decision to treat the rights or duties of a corporation as the rights or liabilities of its shareholders. Usually a corporation is treated as a separate legal person, which is solely responsible for the debts it incurs and the sole beneficiary of the credit it is owed. Common law countries usually uphold this principle of separate personhood, but in exceptional situations may "pierce" or "lift" the corporate veil. A simple example would be where a businessman has left his job as a director and has signed a contract to not compete with the company he has just left for a period of time. If he sets up a company which competed with his former company, technically it would be the company and not the person competing. But it is likely a court would say that the new company was just a "sham" or a "cover"; and that as the new company is completely owned and controlled by one person that the former employee is deliberate ...
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Labadie Coal Co V Black
Labadie can refer to: People * Jean de Labadie (1610–1674), French Reformed Pietist * Joseph Labadie (1850–1933), American labor organizer, anarchist, social activist, printer, publisher, essayist and poet * Jean-Michel Labadie (born 1974), French bassist * Joss Labadie (born 1990), English footballer Places * Labadee (also Labadie), a Haitian port town named after the French Marquis de La'Badie, a 17th-century resident trademarkedin English by Carnival Cruise Corporation. * Labadie, Missouri Labadie is an unincorporated community in Franklin County, Missouri, United States. It is located approximately three miles north of Gray Summit. History The community is named after Sylvester L'Abaddie, a hunter who (by some accounts) was ki ..., a US unincorporated community named after hunter Sylvester Labaddie, Jr. {{disambig See also * Labadi (other) ...
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United States Corporate Law
United States corporate law regulates the governance, finance and power of corporations in US law. Every state and territory has its own basic corporate code, while federal law creates minimum standards for trade in company shares and governance rights, found mostly in the Securities Act of 1933 and the Securities and Exchange Act of 1934, as amended by laws like the Sarbanes–Oxley Act of 2002 and the Dodd–Frank Wall Street Reform and Consumer Protection Act. The US Constitution was interpreted by the US Supreme Court to allow corporations to incorporate in the state of their choice, regardless of where their headquarters are. Over the 20th century, most major corporations incorporated under the Delaware General Corporation Law, which offered lower corporate taxes, fewer shareholder rights against directors, and developed a specialized court and legal profession. Nevada has done the same. Twenty-four states follow the Model Business Corporation Act, while New York and Calif ...
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