Dailey v. Ayers Land Development, LLC
West Virginia Supreme Court of Appeals
825 S.E.2d 351 (2019)
- Written by Steven Pacht, JD
Facts
James Dailey and others (collectively, Dailey) (plaintiffs) sued Ayers Land Development, LLC, RJM Holdings, LLC (RJM), and certain other corporations and limited-liability corporations (collectively, RJM) (defendants). Dailey also sought to pierce RJM’s corporate veil to hold RJM’s shareholders, Jerry Ayers, Roger Ayers, and Michael Frye (collectively, shareholders) (defendants) personally liable for RJM’s debts and obligations. Per Dailey, it was appropriate to pierce RJM’s corporate veil because RJM and the shareholders had no operating agreement regarding their shared use of employees, office space, equipment, phone lines, or marketing material and because the shareholders paid RJM’s expenses. RJM and the shareholder moved for summary judgment, which the circuit court granted. Dailey appealed.
Rule of Law
Issue
Holding and Reasoning (Hutchison, J.)
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