JNS Holding Corp (JNSH)

[roytoy6969]

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JNS’s complaint clearly alleges facts satisfying the first and second of these
elements. Sec. Am. Cplt., ¶¶35(d)-(h). Analysis of the third element begins with the
very first fact alleged in paragraph 35: that “CCGI agreed to pay the legal and other
costs that 350 Green incurred in connection with this suit and with 350 Green’s
dispute with JNS over the APA generally.” Id., ¶35(a). This allegation—which is
based on page F-20 of CCGI’s 10-K and which 350 Green admits is true—suffices
without more to justify piercing the corporate veil in the circumstances of this case.
JNS was forced to persevere through two-plus years of litigation to obtain specific
performance of the APA that it signed with 350 Green, and it faces months if not
years of further litigation to recoup the losses it suffered as a result of 350 Green’s
belated and inadequate performance of that contract, only because CCGI is funding
a defense of this case that 350 Green could or would not fund on its own.