Alabama Jury Instruction - 1.9.5.1 Corporation As Alter Ego Of Stockholder
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FAQ
Alter ego refers not to a cause of action, but generally to a liability doctrine where an owner of a company can be held responsible for certain debts of the company.
Alabama Pattern Jury Instruction 11.36 In the event a vehicle is classified as a total loss, the owner may collect ?the amount of money that compensates the owner for its loss of use during the period of time reasonably necessary to get a replacement vehicle.? Alabama Pattern Jury Instruction 11.38.
Defendants claim that alter ego liability is a question of law that the Court must determine. Plaintiffs claim just the opposite; that alter ego liability is a matter of fact, to be resolved by the trier of fact: the jury.
The Alter Ego Doctrine was designed to be an equitable remedy and to prevent injustice. The Alter Ego Doctrine examines specific facts and is implemented on a case-by-case basis. The Alter Ego Doctrine is a two-prong test, and both prongs must be met to successfully pierce an entity's veil.
Instructions to jury: Objection. At the close of the evidence or at such earlier time during the trial as the court reasonably directs, any party may file and, in such event, shall serve on all opposing parties written requests that the court instruct the jury on the law as set forth in the requests.
The alter ego test encompasses a host of factors: Listed as follows: Commingling of funds and other assets, failure to segregate funds of the separate entities and the unauthorized diversion of corporate funds or assets to other than corporate uses.
Alter ego is a legal doctrine whereby the court finds that a corporation lacks a separate identity from an individual or corporate shareholder. The court applies this rule to ignore the corporate status of a group of stockholders, officers, and directors of a corporation with respect to their limited liability.
The circumstantial evidence jury instruction tells the jury that in order to convict a defendant based on circumstantial evidence, the jury must not only find that the circumstantial evidence is consistent with defendant's guilt, but also that the evidence is not reasonably consistent with innocence.