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ARTICLE · 29 APRIL 2020

Veil Piercing Redux

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The Tennessee Court of Appeals has recently, and cogently, restated and reconfirmed the state law requirements for "piercing the corporate veil," ...

United StatesCorporate/Commercial Law

The law in Tennessee on "piercing the corporate veil" has not substantially changed since our last blog on the subject.

The Tennessee Court of Appeals has recently, and cogently, restated and reconfirmed the state law requirements for "piercing the corporate veil," and, importantly in this age of use of limited liability companies to conduct business but avoid personal liability for the owners, "piercing the LLC veil." In Underwood v. Miller d/b/a Nashville Design Center, LLC, No. M2019-00269-COA-R3-CV, 2020 WL 730881, decided February 13, 2020, the Court reaffirmed the requirements for imposing liability on the corporation's shareholders or on LLC's members.

The Court applied the so-called Allen factors:

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