Should ImmuDyne have pierced PSAs corporate veil first?
Biothera next asserts ImmuDyne’s attempt to pierce PSA’s corporate veil was untimely because it was required to obtain a determination of alter ego before commencing the 2001 turnover proceeding against Donzis. The Texas Turnover Statute is a procedural mechanism by which a “judgment creditor is entitled to aid from a court of appropriate jurisdiction . . . to reach property to obtain satisfaction on the judgment if the judgment debtor owns property, including present or future rights to property, that . . . cannot readily be attached or levied on by ordinary legal process . . . .” Tex. Civ. Prac. & Rem. Code Ann. 31.002(a)(1) (Vernon 2008). Biothera relies on Bollore S.A. v. Import Warehouse, Inc., 448 F.3d 317, 323 (5th Cir. 2006) for its argument that a turnover proceeding is not an appropriate vehicle through which to make an alter ego determination and a separate trial on the merits of that issue is required before the alter ego can be subject to a turnover proceeding. To the exte
