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Define alter ego1/8/2023 Intuitively, the answer seems (to me at least) to be in the affirmative. This is surprising considering the many tens-of-thousands of court opinions that deal with alter ego: It is an issue that the past decisions have simply glossed over. As far as I have been able to discern through my limited research, the courts have been quiet on this issue and have not given anything like meaningful guidance. This is, however, nothing but my opinion based on what I intuitively feel would be the most logical time to test alter ego. But in the vast majority of cases, the time to test alter ego liability will be when the liability arises, e.g., that moment in time when the truck driven by an employee of the defendant corporation crashes into the hypothetical busload of plastic surgeons. In such a case, alter ego liability would then be tested at the time the creditor makes a collection attempt. ![]() ![]() Note that in some cases, alter ego might be tested as a later time, such as in those instances where after the liability arose the defendant created a new entity in an attempt to shield assets.
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