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Judgment Against Owner of Limited Liability Company Reversed on Appeal Because the Evidence Was Legally Insufficient to Pierce the Corporate Veil

Brett Kutnick and Jennifer Rangel Stagen successfully represented Jesse Marion in an appeal of a judgment after a jury trial awarding the plaintiff, Donnelley, L.P., over $578,000 in damages and attorney’s fees based on an alleged breach of a mail processing agreement.  After Brett Kutnick presented oral argument, the Court of Appeals for the Fifth District of Texas in Dallas held that the trial court erred in piercing the corporate veil of Mr. Marion’s mail processing company, Metroplex Mailing Services, LLC, and rendering judgment against Mr. Marion individually because there was no evidence to show that Mr. Marion used Metroplex to perpetrate an actual fraud for his direct personal benefit.  The court thus reversed and rendered judgment that the plaintiff take nothing on its claims against Jesse Marion.  Metroplex Mailing Services, LLC v. RR Donnelley & Sons Co., 410 S.W.3d 889, 2013 WL 5202069 (Tex. App.—Dallas 2013, no pet.).