January 1, 2010

Maritime Alter Ego Enforcement of a Judgment at Trial: The Essential "F''s - Forensic Accountant, Fraud or Injustice, and Fees Recovery

ABA Tort Trial & Insurance Practice Section, Admiralty and Maritime Committee Newsletter
Christopher R. Nolan
Maritime Partner Christopher Nolan authored an ABA Tort Trial & Insurance Practice Section, Admiralty and Maritime Committee Newsletter article titled, "Maritime Alter Ego Enforcement of a Judgment at Trial: The Essential "F"s – Forensic Accountant, Fraud or Injustice, and Fees Recovery."

An "alter ego" is a legal fiction, an artifice, used by courts to prevent an unjust result to an innocent party. If the alter ego doctrine applies, the corporation and the individual who dominates it are treated as one, "so that any act committed by one is attributed to both…" To obtain a finding of fact on alter ego liability, there are three critical issues a maritime creditor company must carefully consider before proceeding: Forensic Accountant, Fraud or Injustice, and Fees recovery if successful. In this article, Mr. Nolan discusses the Three "F"s and alter ego liability.

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