Archives: Lessons from Litigation
2009
October 1-15
“Banana Lady” may sue for use of image to promote Expo
Subordinate church may not unilaterally disaffiliate from national
Full
Article
September 16-30
Court vacates order terminating literary trust
Who gets charged for death taxes?
Full
Article
September 1-15
Law firm not disqualified from suing former client
Right to ban aid to terrorist groups affirmed
Full
Article
August 16-31
Fraudulent inducement claim dismissed against telemarketer
Full
Article
August 1-15
Former state senator gets 55 months for fraud
Sponsor of memorial golf tournament must file accounting and register
Full
Article
July 16-31
Bequest of house for church officials valid
Is profit split OK for nonprofit?
Full
Article
July 1-15
Charitable trustees appeal uncontested court victory
Full
Article
June 16-30
Interview during search not “custodial interrogation"
NY refuses to apply NJ charitable immunity
Full Article
March 1-31
Members can’t revoke resignation to share distribution
Church members share assets on dissolution
Gift to “endowment fund” is permanently restricted
Full Article
February 1-28
Trustee of revocable trust has duty to inform beneficiaries
Stock corporation qualifies for nonprofit immunity
VFW not “in business of” selling alcohol
Full Article
January 16-31
Court approves settlement among charities
Who is more negligent in fall?
Service on lawyer effects notice
Full Article
2008
December 16-January 15, 2009
Named organization may enforce charitable trust
Dress For Success wins injunction against Dress 4 Success
Unregistered charity liable for illegal lottery
Full Article
November 16-December 15
No presumption of undue influence
for lawyer named executor of will
Church not liable for accident after sale
Full Article
October 16-November 15
Court affirms $18 million judgment against insurer
Unsigned lease with County is unenforceable
Court denies legal fees to prevailing hospital
Full Article
September 16-October 15
Director may sue for job info in derivative suit
Couple loses sex discrimination case against club
Residence at museum does not create adverse possession
Volunteer protected by insurance policy
Full Article
August 16-September 15
Are donor names pubic information?
Thrift store not liable for parking lot attack
Donors’ son can’t recover property from Foundation
Full Article
July 16-August 15
Office manager not in “position of trust”
Association’s failure to certify does not violate antitrust rules
Full Article
June 16-July 15
Court denies arbitration of charitable trust issues
Nonprofit may determine members in governing documents
Nonprofit wins “storm in progress” defense
Court reverses “clearly improper” injunction in church dispute
Full Article
May 16-June 15
Where’s the line between med mal and simple negligence?
Hospital not liable for releasing suicidal patient
Nonprofit may exclude dissidents from parade, fairs
Full Article
May 1-15
Potential beneficiaries agree to split bequest
Does insurance deductible apply per storm or per building?
Full Article
April 16-30
Who is bound by 1966 injunction?
Court refuses to change California solicitation law
Full Article
April 1-15
Improperly passed assessment procedure is void
Contract for will in return for hiding assets is illegal
Full
Article
March 16-31
What church disputes may courts hear?
When does statute of limitations start in abuse case?
Full
Article
March 1-15
Court permits charities to defend fraudulent conveyance claims
Court refuses to appoint new director
Full
Article
February 1-29
Donor has no claim for charity’s improper investment
Court avoids “dismal swamp” of construing obscure club rules
Full Article
January 1-31
Charity officials convicted for false tax reports
Court affirms 3-6 year sentence for charity fraud
Congregation ordered to hold Board election
Full Article
2007
December 1-31
Is charitable immunity really worth it?
Hospital not insured for claim against joint venture
Full Article
November 1-30
Even “one of finest charities” can lose case
Court permits wife to value husband’s church in divorce proceeding
Release fails to protect against suit for gross negligence
State can’t pay less Medicaid to out of state hospital
Full Article
October 1-31
Nonprofit trusted too much; CFO gets 7 years for theft
Bylaw provision on ceasing to exist does not cover disaffiliation
Error by Post Office not basis to open default judgment
Full Article
September 1-30
Hospital Foundation may sue for damages following sale
Loss of hockey dasher-board covered by insurance
Florida Court strikes “special legislation”
Full Article
August 1-31
When does organization become independent?
Which members can incorporate church?
Full Article
July 1-31
Community Foundation may compel transfer of trust
Director wins fiduciary duty defense on summary judgment
An offer too good to be true, was
Full Article
June 1-30
Members on record date may vote at meeting
Shelter has no claim for disclosure of address
Bodily tissue donations belong to University, not physician
Who is FASNY?
Full Article
May 16-31
Spiritual authority alone does not create fiduciary duty
Attorneys avoid conflict claim of former client
May church members view financial records?
Full Article
May 1-15
Does Jersey immunity limit damages for Pennsylvania assault?
Apartment owner not liable for shooting on parking lot
Full Article
April 16-30
Agency fraud claim remanded to state court
County Attorney censured for failure to keep gift records
Court dismisses claims of “vexatious litigant”
Member must exhaust internal proceedings before suit
Full Article
April 1-15
Insider can’t buy claims to confirm bankruptcy
Association can’t sue event planner locally
Husband may recover wife’s charitable gifts
Full Article
March 16-31
Donor list is deemed trade secret; former employee enjoined from keeping copy / Do directors continue if not re-elected? / Directors can’t dissolve without members’ vote / Court dismisses claim against judge who stopped referrals
Full Article
March 1-15
Fired
employee convicted for hacking computers / Court
refuses to cy pres bequest again / Prosecutor
reprimanded for plea bargain contributions
Full Article
February 16-28
Trustee
has no duty to potential charitable beneficiary / Nonprofit member has right to names, addresses
of other members
Full Article
February 1-15
Members
may remove directors / Bargain
sale is not fraudulent conveyance
Full Article
January 1-31
Board
vote counts as members’ vote when groups are identical / Who
won the Walleye-Steelhead Tournament? / Nonprofit
Corporation Law trumps Condo Act
Full Article
2006
December 1-31
Blue
Cross surplus may breach fiduciary duty / Court
denies effort to disqualify counsel
Full Article
November
16-30
No RICO claim for alleged cover-up of abuse / Volunteer loses
to charitable immunity doctrine / Arbitrators must recalculate damages
on CRT administration / No U.S. solicitation on foreign organizations’
websites
Full Article
November
1-15
Bequest for conservation purposes creates trust / Hospital
not liable for acts of agency nursing assistant
Full Article
October
16-31
Attorney disbarred for theft of nonprofit’s funds / Failure
to vote does not negate bylaw provisions / Club member expelled
for unbecoming conduct
Full Article
October
1-15
Court sustains gift pledge paid by estate / National enjoins
local chapter’s use of trademarks / Exec’s purchase
of TV with agency credit card not criminal / Volunteer may sue for
fall on historical society’s ramp
Full Article
September
16-30
Unusual fundraising scheme leads to suit
/ Nonprofit denied intervention when Attorney General present
Full
Article
September
1-15
“Charitable
gift annuities” deemed “securities” / Change
of trust situs requires court approval
Full
Article
August 1-31
Uninsured
patients win one, lose three / May nonprofit split check with federal
official?
Full
Article
July 16-31
Nonprofit partially stops retaliatory legislation / Court affirms
convictions in solicitation scheme / Headhunter
not liable for CEO’s incompetence
Full Article
July 1-15
Court
dismisses claim to rescind gift deed retaining life estate for donor
/ Statute that board “should” reflect diversity does
not require new election procedures
Full Article
June
16-30
Trade Association not public interest
litigant / Parolee can’t expunge record to work in prison
/ Uninsured patients lose in Georgia state court
Full
Article
June 1-15
New
counsel, more creative, fails to overturn conviction / Court dismisses
church employment claim, permits defamation claim / Court
permits use of endowment to pay debts, fund improvements
Full Article
May 16-31
Association
sued for intentional interference with expectancy / Election by
ballot OK even without quorum
Full Article
May 1-15
When does statute run on price change?
/ Who can use “Sheriff” in name? / La. court enjoins
sales tax exemption for bibles
Full Article
April 16-30
Gift of proceeds of Ponzi scheme are
fraudulent conveyances / CRUT beneficiary need not arbitrate claims
against brokers / Charity can’t sue Congressman for defamation
/ Nonprofit not liable for accident before start of lease
Full Article
April 1-15
Court
affirms Sierra Club anti-SLAPP decision / Foreign corporation may
sue without registering / Nonprofit
may be liable for investigator’s fall
Full Article
March 16-31
Attorney
may be liable for defective CRT / Statements made only to members
of nonprofit are not “published” for defamation suit
/ University insurance does not cover member of campus social club
Full Article
March 1-15
1885
deed restrictions do not prevent sale of church / Charitable status
does not preclude award of attorneys’ fees
Full Article
February 16-28
Children’s
agency wins insurance coverage
when insurer can’t prove endorsement was attached / Who
pays medical costs of drunk driver?
Full Article
February 1-15
Court
dissolves injunction against use of picture / Electronic bingo is
not “bingo”
Full Article
January 16-31
Internet
correspondents are not “enterprise” for RICO / Inclusion
in book on “cults” is not defamatory
Full Article
2005
December
16-January 15, 2006
What’s in a Name? / Court lacks jurisdiction to cite church
leadership for contempt
Full Article
December
1-15
Nonprofit’s insurance doesn’t provide coverage
Full Article
November
16-30
Prohibition
on gifts to terrorist groups is constitutional
Full
Article
November
1-15
Community
Foundation can’t force transfer of fund / Executrix ordered
to restore $297,000 to estate / Court appoints receiver in church
dispute
Full Article
October
16-31
State may stop funds to religious child protection agency
Full Article
October
1-15
Members may sue directors of New York Stock Exchange / Can
homeowners’ association return over-assessment? / Church may
sue surveyor who claimed encroachment
Full Article
September
16-30
Disqualification of board member reduces vote requirement /
Court refuses to find successor liability
Full Article
August 16-September
15
Who are the victims? And for how much? / Articles of incorporation
are contract with nonprofit shareholders
Full Article
August 1-15
Debt collection claim is not dismissed against hospitals /
Soccer coach must pay attorneys’ fees for appeal
Full Article
July 16-31
Court dismisses state law claims by uninsured patients / What
standard of practice applies to nursing home medical director? /
Nonprofit intermediary not eligible for governmental immunity
Full Article
July 1-15
Court disregards nonprofit form of corporation / Operating
charity may receive bequest despite bankruptcy
Full Article
June 16-30
Court accepts jurisdiction of retaliation claim / 9/11 Samaritan
gets 8 years for theft of contributions
Full Article
June 1-15
Passive website does not create jurisdiction / National Club
Can’t Conspire with Affiliates for Antitrust Violation
Full Article
May 16-31
Incontestability clause of life insurance contract does not
stop insurer from challenging fraud in assignment / How’s
this for gratitude?
Full Article
May 1-15
Legislators have no standing to intervene in charity’s
accounting / ‘Peace Officer’ not entitled to director
or officer protections
Full Article
April 16-30
Agency may sue for “nonfulfillment” damages / Court
abused discretion in gifts to charities / Couple can enjoin nonprofit’s
use of photo
Full Article
April 1-15
Parent may not waive injury claims of child by signing pre-activity
waiver form / Attorney disbarred for drafting codicils making gifts
to his own family / State court may determine eligibility for federal
exemption
Full Article
March 16-31
Judge can’t order contribution to specific charity /
Court may resolve church property dispute
Full Article
March 1-15
School may pursue negligent misrepresentation claim / Charitable
Immunity limits do not apply to retaliatory discharge / When did
the animal burrow?
Full Article
February
16-28
Action taken by improperly elected Board is a nullity and ineffective
to extinguish easements
Full Article
February
1-15
Courts continue to hold against uninsured hospital patient
claims / Attorney-trustee not liable for bad CRT investments / Drug
store can’t enjoin hospital pharmacy
Full Article
January
16-31
Court says law criminalizing gifts to terrorist groups is constitutional
/ Court reviews expulsion from Church membership under theory of
property rights / Estate attorneys’ fees must be reasonable,
not based just on local custom and practice
Full Article
2004
December
16-January 15, 2005
Is church liable for congregant’s negligence? / Sponsor of
bike rally fundraiser may be liable for negligence when police fail
to prevent traffic accident
Full Article
December
1-15
Publisher fined for violating copyright injunction / Care coordinator
not liable for agency’s negligence
Full Article
November
16-30
Mayor can’t collect wedding fees for charity / Members owe
Synagogue dues even after resignation / Nonprofit may morph from
governmental entity to private
Full Article
November
1-15
Uninsured patients’ suits denied consolidation;
Alabama case dismissed on summary judgment / Federal Court abstains
from suit to enjoin state criminal investigation
Full Article
October
16-31
New operator of hospital may be liable for prior malpractice
/ Owner’s insurance does not cover claim for injury to contractor’s
employee
Full Article
October
1-15
Student loans may be discharged despite contributions / Association
may sue attorney for improper incorporation
Full Text
September
16-30
Medical residents’ antitrust case dismissed / Most Martha
Graham dances are works for hire / Hospital submits to jurisdiction
by collection practices / Local Church May Revoke Trust for National
Full Text
August 1-September
15
Bankrupt charity entitled to trust distribution / Director
not indemnified as plaintiff / Nonprofit that squandered money in
suit must pay more / Shut-down overrides bar against moving resident
of home
Full Text
August
1-15
President does not have unlimited authority / Who is precluded from
suing by charitable immunity?
Full Text
July 16-31
Does cy pres doctrine apply to gift to Dental School Alumni Development
Fund? / New Jersey nonprofit may be sued in New York / Scout troop,
church sponsor not liable for criminal abuse / Harvard found in
breach of USAID contract
Full Text
July 1-15
Lab may participate in free program under anti-kickback law / Court
affirms finding of testamentary capacity against challenge / Klan
group may participate in state Adopt a Highway program
Full Text
June 16-30
Performing arts center must accommodate service dog / Bankrupt couple
can’t treat Catholic school tuition as contributions
Full Text
June 1-16
Performing arts center must accommodate service dog / Bankrupt
couple can’t treat Catholic school tuition as contributions
Full Text
May 16-31
Lawyer suspended for failing to supervise associate / Stocks,
jewelry and coins are not “contents” of house / Caretakers
not protected by anti-eviction law
Full Text
May 1-16
Pastor guilty of passing stolen checks in commerce / Former
chief executives have no standing to contest action / Release and
waiver does not prevent wrongful death action / Scout has no right
to force promotion to Eagel Scout
Full Text
April 16-30
Veterans Home is subordinate to national organization / Out-of-state
counsel barred from peer review hearing / Hospital has duty to warn
about dangers of roof exit
Full Text
April 1-16
What is school's duty to volunteer playground supervisor? /
Charitable and good works can reduce prison sentence / Executor
can't seek return of scholarship fund / Court told to determine
charitable contributions
Full
Text
March 16-31
Supreme Court declines Boy Scout case / Are Arkansas charities
immune? / Contraceptive drug requirement is constitutional / State
may deny scholarships to theology majors / Teacher certification
rule doesn't overly burden religion / Missouri nonprofit lost authority
to act
Full
Text
March
1-16
Medical residents may pursue antitrust
claim / ED gets 8 months for misapplication of federal funds / Catholic
welfare plan elects under ERISA to avoid local regulation / Illinois
hospital loses real estate tax exemption / Insurance excludes damage
by excavation next door / Pa. Supreme Court invalidates lifetime
ban on hiring
2003
September
- Does cy pres doctrine apply to gift to Dental School Alumni Development
Fund? / Ohio Court divides remainder of trust among two hospitals
when third is defunct
Full Text
August
- Neighborhood association lacks standing to challenge treatment
center’s lack of license / Good charitable works not enough
to justify reduction in sentence / Local camp corporation retains
land in dispute with national church association/ Mason’s
use of land is not ‘charitable’
Full Text
July
- Club must pay $1.97 million in damages for discrimination / Appraiser
has license suspended for stealing from child sports programs /
What state law applies to injuries suffered by student rugby player?
/ Minnesota Supreme Court says nonprofit may appoint special litigation
committee for derivative suit / Attorney General has standing to
challenge executor’s failure to make charitable distributions
Full Text
June
- Association members are not entitled to review supporting documentation
for legal fees | Members have right to inspect records despite board’s
claim of harassment | Woman may sue church for injuries suffered
while assisting Halloween hayride | New York fencer is not bound
by releases signed to join Colorado group to compete in California
| Officers have no authority to admit members of club | California
court refuses to vacate judgment against nursing home even where
parties agree
Full Text
March/April/May
- Anti-abortion protesters not subject to RICO claims | Pa.
Court allows fitness center to seek injunction against expansion
of competing YMCA facility | Nonprofit has no federal case against
Attorney General allegedly applying unconstitutional pressure on
funds | Postal Service exceeded authority in denying nonprofit mailing
rate for insurance promotions | Missouri courts spell out requirements
for standing to sue charitable trust | Trustees may object to dissolution
of trust, even where Attorney General consents for beneficiaries
Full Text
January/February
- Musicians have no standing to sue music trust; only Attorney
General can bring claim | Foundation can’t prevent use of
name on building | Property Manager liable for injuries despite
expiration of management contract | Order naming beneficiaries of
trust is not money judgment on which to execute | Bankruptcy Creditors’
Committee may pursue pre-petition transfers to charitable remainder
trust | Exempt church not exempt from municipal assessment to improve
streets within special district | Charity “ride around”
release and waiver is ineffective against gross negligence
Full Text
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