DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
062433P.pdf 08/10/2007 HOK Sport, Inc v. FC Des Moines
U.S. Court of Appeals Case No: 06-2433
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Riley, Author, with Bowman and Arnold, Circuit
Judges]
Civil case - contracts. In action for unjust enrichment and breach of
contract concerning a contract for the design of a sport facility for the
Des Moines The Menace Soccer Club, the district court did not err in
instructing the jury on disregarding defendant Stadium Foundation's
corporate form, as Iowa Code Sec. 504A.101 (2003) did not make the
alter ego doctrine and the remedy of piercing the corporate veil
inapplicable to nonprofit corporations; district court did not err in
instructing the jury that the Foundation's corporate form could be
disregarded if it was undercapitalized or it if failed to follow corporate
formalities; evidence was sufficient to support jury finding making
defendant Krause, the president, only officer, and only member of the
board of directors of the Foundation, personally responsible for the
Foundation's debts under both the alter ego doctrine and the remedy of
piercing the corporate veil; The Menace waived its argument that it was
not a proper party to the dispute when it failed to renew its summary
judgment argument in its motion for judgment as a matter of law.