Lanier Saperstein and Geoffrey Sant of Dorsey & Whitney write that most federal district courts have held that the Court of Appeals' 2009 decision in 'Koehler' abrogated the separate entity rule, at least in the post-judgment context. By stark contrast, every New York trial court has found that the doctrine remains good law. However, just last month, Judge Loretta A. Preska sought to bridge the divide by acknowledging and agreeing with the New York state courts.
The Separate Entity Rule: The Deep Divide
New York Law Journal
April 13, 2012
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