Legal Opinion

McCallum Family L.L.C. v. Winger

Colorado Court of Appeals

Decided October 29, 2009No. 09CA0212PublishedCited by 26 opinions

1Opinion of the Court

Opinion by

Judge TERRY.

In this appeal, we address four issues relating to potential personal Hability of a corporate shareholder and another corporate insider who is not a shareholder, officer, or director. We first apply section 13-25-127(1), C.R.S.2009, and conclude that the burden of proof in an action to pierce the corporate veil is by a preponderance of the evidence, not by clear and convincing evidence, as has sometimes been incorrectly stated. Next, we conclude that, in appropriate circumstances, the corporate veil may be pierced to impose personal liability on a corporate insider who…

2Cases cited34 opinions

  1. Angelo Tomasso, Inc. v. Armor Construction & Paving, Inc.Supreme Court of Connecticut · 1982
  2. Freeman v. Complex Computing Co.Court of Appeals for the Second Circuit · 1997
  3. Labadie Coal Co. v. BlackCourt of Appeals for the D.C. Circuit · 1982
  4. Fontana v. TLD Builders, Inc.Appellate Court of Illinois · 2005
  5. Cascade Energy & Metals Corp. v. BanksCourt of Appeals for the Tenth Circuit · 1990

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3Cited by26 opinions

  1. Colorado Coffee Bean, LLC v. Peaberry Coffee Inc.Colorado Court of Appeals · 2010
  2. Griffith v. SSC Pueblo Belmont Operating Co.Supreme Court of Colorado · 2016
  3. Buckley v. AbuzirAppellate Court of Illinois · 2014
  4. In Re the Marriage of FarrColorado Court of Appeals · 2010
  5. Lester v. Career Building AcademyColorado Court of Appeals · 2014

21 more not listed; retrieve them via the Exa API.

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