H & H Wins Dismissal of Personal Liability Complaint Against Software CEO!

chris hamiltonAttorney Chris Hamilton, recently filed and won a motion to dismiss against a plaintiff seeking to hold a CEO and sole shareholder of a software Corporation personally liable in a breach of warranty and consumer protection lawsuit in Middlesex Superior Court.

The plaintiff in the action filed counts against the president and CEO of the company personally, based almost exclusively on the CEO's status as president and sole shareholder. Attorney Hamilton filed a motion to dismiss arguing that there was absolutely no basis in fact or law to hold the CEO personally liable. Relying heavily on the analysis in the case of My Bread Baking Co. vs. Cumberland Farms, Inc. et al, 353 Mass. 614 (1968), attorney Hamilton argued that sole ownership alone is not a sufficient basis for piercing the corporate veil and holding a corporate officer personally liable. The Superior Court agreed and dismissed all counts in their entirety seeking to hold the CEO personally liable.