Utah Jury Instruction - 1.9.5.2 Subsidiary As Alter Ego Of Parent Corporation

• Category: Federal - Jury Instructions
• State: Multi-State
• Control #: US-11CF-1-9-5-2
• Format: Word; Rich Text

Description

This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

Utah Jury Instruction — 1.9.5.2 Subsidiary as Alter Ego of Parent Corporation In legal matters, the concept of a subsidiary as an alter ego of a parent corporation is significant. Utah Jury Instruction — 1.9.5.2 seeks to provide guidance to juries when determining if a subsidiary corporation should be regarded as the alter ego of its parent corporation. This instruction is relevant in cases where it is alleged that the parent corporation abused the separate legal identity of its subsidiary to commit fraud or injustice. Keywords: Utah, jury instruction, 1.9.5.2, subsidiary, alter ego, parent corporation, legal matters, guidance, juries, determination, separate legal identity, fraud, injustice. Types of Utah Jury Instruction — 1.9.5.2 Subsidiary as Alter Ego of Parent Corporation: 1. Factors for Consideration: This type of instruction outlines the various factors that the jury should consider in evaluating whether a subsidiary should be viewed as the alter ego of its parent corporation. These factors typically include: a. Common ownership or control: The jury is directed to examine whether the parent corporation has extensive control over the subsidiary, such as through ownership of shares or appointing board members. b. Unity of interest: This instruction highlights the importance of analyzing whether the parent and subsidiary corporations are operated as a single entity, with significant commingling of assets, personnel, or finances. c. Injustice or fraud: The instruction informs the jury that for a subsidiary to be treated as the alter ego of the parent corporation, it must be demonstrated that maintaining the separate legal identities would result in an injustice or fraud. 2. Burden of Proof: This type of instruction clarifies the burden of proof required to establish that a subsidiary is an alter ego of its parent corporation. It typically explains that the burden rests upon the party making the allegation and that they must provide sufficient evidence to convince the jury of this claim. 3. Standard of Proof: This instruction describes the standard of proof applicable in cases involving a subsidiary as an alter ego. It typically states that the party making the claim is required to prove their case by a preponderance of the evidence, meaning the evidence must be more convincing than that presented by the opposing party. 4. Consequences of Alter Ego Finding: This instruction outlines the legal implications if the jury determines that a subsidiary is an alter ego of its parent corporation. It may include information on piercing the corporate veil, liability, and potential remedies available to the aggrieved party. Utah Jury Instruction — 1.9.5.2 Subsidiary as Alter Ego of the Parent Corporation is a crucial element in legal proceedings where the actions of a subsidiary are examined to determine if they are indistinguishable from those of the parent corporation. By providing guidance to the jury, this instruction helps ensure fairness and accountability in cases involving complex corporate structures.