Alaska Employment Law

In an ERISA case, U S District Judge Ralph Beistline has granted summary judgment for individual defendants (corporate shareholders), holding that the plaintiff trust fund could not pierce the corporate veil to hold them individually liable.  He found no evidence of disregard of corporate formalities, fraud, or injustice.  Beistline also denied the fund’s Rule 56(f) request for continued discovery against the individual defendants, holding that the motion had not been adequately supported and was procedurally deficient.  Beistline also granted the fund’s unopposed summary judgment motion against the corporation.

The case is Trustees of the Alaska Laborers Health and Security Fund v. RainDance Health Care Group, Andrew Turner, and William Lasky, 3:09-cv-0120-RRB (D.Alaska).

The linked motion pleadings address the legal principles governing individual liability under a piercing the corporate veil theory.  They also address and illustrate Rule 56(f) standards in federal court, which can be quite different from standards applied in state court.

Randy Simpson and Ray Goad of Jermain Dunnagan Owens represented the plaintiff.  Steve Hutchings and Gregory Fisher of Birch Horton Bittner and Cherot represent the defendants.

05-24-10 Order

Ind. Defs’ Rule 56 Motion

P’s Opp and XMtn

P’s 56(f) Mtn

Defs’ Reply

Defs’ 56(f) Opp