On March 25, the Supreme Court of Ohio reversed a lower court that had permitted a plaintiff to pierce a corporate entity’s veil to reach the assets of a sister corporation. In the unanimous decision handed down in Minno v. Pro-Fab, Inc., 2009- Ohio-1247 (Slip Op. March 25, 2009), the Court rejected a theory often called “triangular piercing,” socalled because a plaintiff attempts to pierce up through the defendant entity’s corporate form to the common owner, and then down to a sister entity’s assets.
Minno is the second major veilpiercing decision in the last several months from the Court. In October, the Court modifi ed the general test for veil piercing in Dombroski v. WellPoint, Inc., 2008-Ohio-4827. The Court in Minno cited with approval the standard for veil piercing adopted by Dombroski. Members of the Vorys Appellate Group litigated the Dombroski case in the high court.