Maine

DeWitt Truck Brokers, Inc. v. W. Ray Flemming Fruit Co. in Maine Law

How DeWitt Truck Brokers, Inc. v. W. Ray Flemming Fruit Co. applies in Maine: state-specific rules, key cases, and bar exam notes for Business Associations (Piercing the Corporate Veil).

State Approach

Maine follows a similar rationale as DeWitt Truck Brokers in evaluating piercing the corporate veil. Maine courts consider whether the corporate form has been misused to perpetrate a fraud or to evade existing obligations, focusing on fair treatment to creditors.

State Rule
To pierce the corporate veil in Maine, a party must demonstrate that there is a unity of interest and ownership between the corporation and the individual shareholders and that adherence to the corporate form would sanction a fraud or promote injustice.
Significant State Cases

Hennessey v. Dunstans

The court held that the corporate veil could be pierced when there was evidence of improper conduct and insufficient capitalization.

Harrison v. Cormier

This case affirmed that courts must look at the totality of circumstances in determining whether to honor or disregard the corporate entity.

Fifth & Main, LLC v. Briscoe

The court allowed for piercing the veil due to the defendant's commingling of assets that misled creditors.

Comparison to Federal Law

Maine's corporate veil piercing standards align closely with federal interpretations, which also emphasize the need to show improper conduct or injustice. However, Maine may place a slightly stronger emphasis on the injustices suffered by creditors as a result of maintaining the corporate structure.

Bar Exam Note

Understanding the principles of piercing the corporate veil is crucial for the Maine bar exam, as it is a common topic in business law questions.

Practice Pointers
  • Always assess the degree of control the individual shareholders exert over the corporation.
  • Document the reasons for maintaining a separate corporate entity to avoid challenges in veil piercing.
  • Be mindful of equity principles, as courts may be inclined to pierce the veil to prevent injustice.

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