KRAFT POWER CORPORATION v. MERRILL

SJC-11063.

464 Mass. 145 (2013)

KRAFT POWER CORPORATION v. SHARON F. MERRILL, executrix, & another.

Supreme Judicial Court of Massachusetts, Middlesex.

January 14, 2013.


Attorney(s) appearing for the Case

Paul Marshall Harris ( Sara A. Decatur with him) for the plaintiff.

Mark S. Furman ( Emily C. Shanahan with him) for Sharon F. Merrill.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


DUFFLY, J.

This case requires us to decide whether certain claims premised on a theory of corporate disregard survive the death of John J. Marino, such that his estate may now be sued by the plaintiff, Kraft Power Corporation (Kraft).

Because the doctrine of corporate disregard is not a cause of action but an equitable doctrine by which an act or obligation of a corporation giving rise to a cause of action may be charged to a principal of the corporation,...

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