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Archives:
Lead Stories
2008
April 16-30
Court Ousts Board That Breached
Duty in Deciding to Close Museum
Full Article (free)
Directors Not Personally Liable
For Defaults Under Lease
Free Preview | Full Article
Founder May Control Trademarks
Despite First Use by Nonprofits
Free Preview | Full Article
April 1-15
Court Allows Creditor to Pursue
Piercing Corporate Veil Against Officer
Full
Article (free)
Expelled Members May Bring
Breach of Fiduciary Duty Claims
Free Preview | Full Article
CRT Donors Can’t Rescind Trust
For Concealment of Trustee’s Background
Free Preview | Full Article
March 16-31
Court Permits Deviation from Trust
Based on Unanticipated Circumstances
Full
Article (free)
For-Profit Conversion to Nonprofit
Invalid Without Reclassifying Shares
Free Preview | Full Article
Church Is Not “Keeper”
Of Sexton’s Dog
Free Preview | Full Article
March 1-15
Nonprofit May Be Sued
For Misusing Testimonial
Full
Article (free)
Memo to Directors on Conflict of Interest
Is Not a Defamatory Publication
Free
Preview | Full
Article
Provision of Articles of Incorporation
Trumps Contrary Provision in Bylaws
Free
Preview | Full
Article
February 1-29
Bluetooth Association Fails to Qualify
As 501(c)(6) Trade Association
Full Article (free)
Charity Fined $40,000 For Failure
To Register to Solicit Contributions
Free
Preview | Full
Article
Release Fails to Protect
Nonprofit from Injury Claim
Free
Preview | Full
Article
Letters Do Not Make
Binding Contract for Gift in Will
Free
Preview | Full
Article
January 1-31
Director Did Not Breach Fiduciary Duty
In Buying Property for Club in Own Name
Full Article (free)
Executive Director May Not
Sue to Enjoin Acts of Directors
Free
Preview | Full
Article
For-Profit Has No Claim Against Nonprofit
When Joint Proposal Is Only Partially Funded
Free
Preview | Full
Article
2007
December 1-31
Officer’s Five-Year Employment Contract
Violates State Nonprofit Corporation Law
Full Article (free)
Attorney Can’t Collect Fees
When Hired by Minority Faction
Free
Preview | Full
Article
Court Lacks “Clear and Convincing”
Evidence to Reform Trust Termination
Free
Preview | Full
Article
Members May Sue Attorney
For Bad Advice to Nonprofit Club
Free
Preview | Full
Article
November 1-30
Statement of Intent to Make Bequest
Does Not Effect Gift Without Will
Full Article (free)
Transfer of Hospital to Nonprofit
Is Not "Bona Fide” Sale for Medicare
Free
Preview | Full
Article
Court Permits Modification of Trust
To Provide Nursing Care to Needy
Free
Preview | Full
Article
Court Refuses to Dismiss
Effort to Pierce Corporate Veil
Free
Preview | Full
Article
October 1-31
Bylaw Provision to Remove Trustees
For Unexcused Absence Is Ineffective
Full Article (free)
Bankruptcy Trustee Denied Claim
Against Lawyers in Nonprofit Fraud
Free
Preview | Full
Article
Potential Beneficiaries Lack Standing
To Initiate Suit Against Charitable Trust
Free
Preview | Full
Article
Failure to Notify Insurance Carrier
Of EEOC Claim Invalidates Coverage
Free
Preview | Full
Article
September 1-30
Receipt of Substantial Contributions
Does Not Constitute ‘Doing Business’
Full Article (free)
Nonprofit Resulting from Consolidation
Does Not Acquire Rights of Constituent
Free
Preview | Full
Article
Club Not Liable for Damages
When Member Shoots Member
Free
Preview | Full
Article
Debtor Can’t Increase Contributions
To Claim Relief in Bankruptcy
Free
Preview | Full
Article
August 1-31
Jury May “Pierce Corporate Veil”
Of Nonprofit to Recover from Founder
Full Article (free)
Surviving Nonprofit May Enforce
Contract Rights Of Entity That Merged
Free
Preview | Full
Article
Court Grants Cy Pres for Trust
To Fund Relocated Public Garden
Free
Preview | Full
Article
Private Foundations May Participate
In Combined Federal Campaign
Free
Preview | Full
Article
July 1-31
Does Gift to “Foundation”
Show Charitable Intent?
Full Article (free)
Donor Not Liable For Grantee’s
Infringement of Trademark
Free
Preview | Full
Article
Supreme Court Won’t Hear Claim
Against Pastor Who Is Also Counselor
Free
Preview | Full
Article
Trust Beneficiary Forced to Arbitrate
Some, Not All, Issues with Brokers
Free
Preview | Full
Article
June 1-30
Members’ Right to Examine Books
Includes Right to Copy Material
Full Article (free)
Insurance Does Not Protect Against
Claim to Return Government Funds
Free
Preview | Full
Article
Court Allows Consolidation
Of Jewish Centers
Free
Preview | Full
Article
IRS Pushed Too Hard
Before Making Criminal Referral
Free
Preview | Full
Article
May 16-31
Partner In Virtual Merger Is Not Liable
For Other’s Obligations When Deal Is Undone
Full Article (free)
Litigation Over Board Control
Does Not Preclude Suit by Exec
Free
Preview | Full
Article
Transfer of Property To Charity
Does Not Trigger Right of First Refusal
Free
Preview | Full
Article
May 1-15
Court Limits Attorney General’s Claims
To Recover Grasso’s Compensation
Full Article (free)
‘Related’ Nonprofit Denied
Higher Nursing Home Payments
Free
Preview | Full
Article
Charitable Trustees Removed
For Multiple Breaches of Duty
Free
Preview | Full
Article
April 16-30
Charity Loses Claims Against Bank
For E.D.’s Conversion from Account
Full Article (free)
City, as Creditor and Beneficiary, Can’t Force
Dissolution of Charity Serving Local Area
Free
Preview | Full
Article
Court May Review Suspension
Of Member of Private Association
Free
Preview | Full
Article
April 1-15
Princeton Wins $15 Million Claim
For Defense Costs from Insurer
Full
Article (free)
College Booster Not Liable
Under Volunteer Protection Act
Free
Preview | Full
Article
E.D. Convicted for Failing to Disclose
Related Party Deals on Form 990
Free
Preview | Full
Article
March 16-31
U.S. May Prosecute For False 1023,
Failing to Report Changes on 990
Full
Article (free)
Heir Can’t Recover When CRUT
Principal Is Not Replaced by Insurance
Free
Preview | Full
Article
Federal Volunteer Protection Act Defense
Is Not Basis for Removal to Federal Court
Free
Preview | Full
Article
March 1-15
Court
Reverses Order To Create
$65.5 Million Constructive Trust
Full
Article (free)
Indemnification Clause Does Not
Protect Service Provider from Liability
Free
Preview | Full
Article
Which Audubon Society
Is the Right Audubon Society?
Free
Preview | Full
Article
February 16-28
IRS Finds
Excess Benefits,
Bad 990s in Compensation Study
Full
Article (free)
Nonprofit
Must Indemnify
Volunteers for Litigation
Free
Preview | Full
Article
Red Cross
Has No Duty
To Protect Arrested Volunteer
Free
Preview | Full
Article
February 1-15
State
Senator Indicted for Victimizing
Charities for Personal Benefit
Full
Article (free)
Founder
Who Resigned May Proceed
With Suit to Regain Board Chairmanship
Free
Preview | Full
Article
Auditors Not Liable for Statements
When Officers Misrepresent Data
Free
Preview | Full
Article
January 1-31
Volunteer
Board Chair Immune
From Suit Under Protection Act
Full
Article (free)
Nonprofit
May Discipline Members
If It Uses Fair Procedures
Free
Preview | Full
Article
Uninsured Hospital Patient May Proceed
With State Consumer Fraud Claim
Free
Preview | Full
Article
2006
December 1-31
Hershey
Alumni Have No Standing
To Challenge Acts of School Trust
Full
Article (free)
National
Sports Organization
Not Liable For Abuse of Players
Free
Preview | Full
Article
Bond Counsel Sanctioned
For Failing to Do Due Diligence
Free
Preview | Full
Article
November 16-30
Official
Convicted of Misconduct
For Contract With Nonprofit
Full
Article (free)
Employees’
Ultimatum to Board
Is Not Protected Activity
Free Preview
| Full
Article
Unincorporated
Association Not “Person”
With Standing to Enforce Constitutional Rights
Free Preview
| Full
Article
November 1-15
Grasso Breached
Fiduciary Duty
By Failing to Report Income to Board
Full
Article (free)
CRAT Trustee
Not Required
To Diversity Stock Holdings
Free Preview
| Full
Article
Court Refuses
to Permit Trust
To Meet Foundation Payout Requirement
Free
Preview | Full
Article
October 16-31
State Combined
Campaign Can’t
Deny Admission to Religious Groups
Full
Article (free)
Group’s
Transfer of Assets
May be Fraudulent Conveyance
Free Preview
| Full
Article
D&O Insurance
Does Not Cover
Claimed Beach of Duty in Bond Default
Free Preview
| Full
Article
October 1-15
Nonprofit Congress
Sets
Priorities for Activity in Sector
Full
Article (free)
Nonprofit Penalized
for Director’s Conflict
In Violation of State Ethics Rules
Free Preview
| Full
Article
Volunteer in
Service Program
Is Acting “on Behalf of” Church
Free Preview
| Full
Article
September 16-30
Congress, Hospitals
Struggle
With Community Benefit Reporting
Full Article
(free)
Third Circuit
Reverses Itself,
Holds “Ministerial Exception” Bars Suit
Free Preview
| Full
Article
Court Can’t
Hear Charity Dispute
Without Notice to Attorney General
Free Preview
| Full
Article
September 1-15
Grantmaker
to Camp
Not Liable For Injury to Swimmer
Full Article
(free)
CEO Wins Suit
to Remove Board
For Breach of Fiduciary Duty
Free Preview
| Full
Article
Tenant Under
$1 Oral Lease
Is Not Co-insured Under Landlord’s Policy
Free Preview
| Full
Article
August 1-31
Attorney
for Nonprofit Corporation
Not Disqualified in Suit by Founder
Full Article
(free)
Charitable Trust
Protected
Against Bankruptcy Claims
Free Preview
| Full
Article
July 16-31
Congress Passes
Charity Provisions,
Gift Incentives in Pension Bill
Full Article
(free)
Power of Attorney
Authorizes Gifts
Only in Best Interest of Principal
Free Preview
| Full
Article
Referral Agency
Not Liable For Injuries
Caused by Service Provider on List
Free Preview
| Full
Article
July 1-15
Court Overturns
Excess Benefit Taxes
Imposed on Sale of Charities to For-profits
Full Article
(free)
“Conversion
Foundation” Denied Bequest
To Hospital Whose Assets Were Sold
Free Preview
| Full
Article
Grassley Continues
to Push
Charity Reform Provisions
Free Preview
| Full
Article
June 16-30
Court Denies
Negotiated Fee
For Trustee of Charitable Trust
Full Article
(free)
Court Approves
Execution of Will,
Though Witnesses, Notary Not Present
Free Preview
| Full
Article
Courts Refuse
to Hear
Church Disputes Over Pastors
Free Preview
| Full
Article
June 1-15
Philanthropist
Sues Grantee
After Relationship Goes Sour
Full Article
(free)
Third Circuit
Sets New Rule
On “Ministerial Exception” to Title VII
Free Preview
| Full
Article
Expansive Release
Form
Prevents Further Claims
Free Preview
| Full
Article
May 16-31
UMIFA to Become
UPMIFA
In Latest Draft of Revisions
Full Article
(free)
Here’s
Why You Don’t Sign
Indemnification Clause Without Thinking
Free Preview
| Full
Article
Incorporation
Does Not Give
Exclusive Right to Use of Name
Free
Preview
| Full
Article
May 1-15
Donor Fund Foundation
Denied
Charitable Exempt Status
Full Article
(free)
Divided Court
Reverses Executive’s
Right to Sue Directors for Firing Him
Free Preview
| Full
Article
Court Affirms
Dismissal of Suit
To Enjoin Appointment of Receiver
Free Preview
| Full
Article
April 16-30
Independent Sector
Issues Supplemental Report, Generally Discourages New Federal Action
Full Article
(free)
Insured May
Not Change Beneficiary Of
Life Insurance By Provisions in Will
Free Preview
| Full
Article
Who Receives
Remainder of Lifetime Trust Representing Unspent Distributions from
CRAT?
Free
Preview | Full
Article
April 1-15
Spitzer
May Pursue Grasso
On Charges of Unreasonable Pay
Full Article
(free)
Court Gives
Estate
To Contingent Beneficiary
Free Preview
| Full
Article
LLC Can’t
Sue Co-Member’s Parent,
But Lack of Authority Is No Defense
Free
Preview
| Full
Article
March 16-31
Charity
Exec Breaches Fiduciary Duty
By Failing to Oversee Professional Solicitors
Full Article
(free)
Failure to Report
Incident on Application
Voids Claims-Made Liability Insurance
Free Preview
| Full
Article
Uninsured Patients
Lose in Federal Court,
Insured Patients Can Proceed in State Court
Free Preview
| Full
Article
March 1-15
IRS
Revokes 3 Exemptions for Electioneering;
Will Continue Monitoring During ’06 Elections
Full Article
(free)
Assets of Nonprofit
Not Subject
To Forfeiture for Crimes of Board Chair
Free Preview
| Full
Article
Home Schooled
Student Lacks Standing
To Seek Scholarship for High School Grads
Free
Preview
| Full
Article
February 16-28
Board
Can’t Remove Director
Without Notice Before Action
Full Article
(free)
CFO May Be Fired
After Complaints
About Improper Financial Statements
Free Preview
| Full
Article
Foundation Is
Not “Affiliated Organization”
Because of Overlapping Trustees
Free
Preview | Full
Article
February 1-15
Nonprofit Hospital Not Liable
For Killer Competition with Med Center
Full
Article (free)
Insurance Doesn’t Cover Claim
for Goods Missing from Storage Company
Free Preview
| Full
Article
Court Directs Custodian for Mosque
to Assure Proper Selection of Directors
Free Preview
| Full
Article
Illinois AG Proposes Legislation
to Require Charity Care from Hospitals
Free
Preview
| Full
Article
January 16-31, 2006
Property
of Archdiocese is Subject
To Claims of Abuse Victims in Bankruptcy
Full Article
(free)
Agency’s
For-Profit Subsidiary is Successor
That Must Bargain with Seller’s Union
Free Preview
| Full
Article
Local Church
Holds Property
In Trust for Episcopal Diocese
Free Preview
| Full
Article
2005
December 16-January 15, 2006
Trustees
Can’t Oust Directors And Cut Support for Program
Full Article
(free)
Foundation Can’t
Recover Grant When Grantee Goes Bankrupt
Free Preview
| Full
Article
Alternate Beneficiary
Can’t Recover When Property for Center Is Sold
Free Preview
| Full
Article
Residents Can’t
Sue Directors Over Sale of Hospital
Free Preview
| Full
Article
December 1-15
Director
Loses Suit Against Other Directors For Fraud, Conflict, Breach of
Fiduciary Duty Full
Article (free)
Defendant Need Not Be Convicted Of Terrorism to Get Terrorist Penalty
Free Preview
| Full
Article
Watchdog Group Can’t Force FEC To Value Contribution of Mailing
List
Free Preview
| Full
Article
State Laws Restricting Phone Solicitors For Nonprofits Are Upheld
by Courts
Free Preview
| Full
Article
November 16-30
Senate
Approves Limits on Charities, Incentives for Charitable Giving
Full Article
(free)
Clinton Foundation
Is “Legitimate Business Enterprise”
Eligible for Tax Breaks Under Economic Development Law
Free Preview
| Full
Article
Corporate Action
is Permissible Unless Prohibited by Governing Instruments
Free Preview
| Full
Article
Donors Can’t
Sue Charity for Damages When Deduction Is Postponed
Free Preview
| Full
Article
November 1-15
President’s
Tax Panel Urges
Incentives for Charitable Giving
Full Article
(free)
Court Orders
Fraternal Order of Eagles
To Consider Women for Membership
Free Preview
| Full
Article
Community Foundation
May End
Right of Group to Name Trustee
Free Preview
| Full
Article
October 16-31
Nonprofit
Panel Considers
Supplementary Report to Senate
Full Article
(free)
Life Tenant
Cannot Compel Sale
Of Property Over Charity’s Objection
Free Preview
| Full
Article
Bankruptcy Can’t
Be Used As Tactic
To Avoid State Court Litigation Loss
Free Preview
| Full
Article
Hershey School
Alumni Association
Fights Over Election of Officers
Free Preview
| Full
Article
October 1-15
Uninsured
Patients Win Class Action Status
In Oregon Unfair Trade Practices Case
Full Article
(free)
Donor’s
“Request” for Use of Bequest
Is Ruled a Direction to Recipient
Free Preview
| Full
Article
Member May Sue
Directors
Despite Liability Protection Act
Free Preview
| Full
Article
September 16-30
Nonprofit
Ordered to Pay $1.4 Million
To Indemnify Committee Members
Full Article
(free)
Former Exec
Fails in Effort
To Take Over Nonprofit
Free Preview
| Full
Article
NCCUSL Postpones
Recommendations
For Changes In UMIFA Rules
Free Preview
| Full
Article
August 16-September 15
Court
Allows Note Holders to Sue
Officers and Directors for Securities Violations
Full Article
(free)
Court Refuses
to Terminate Charitable Trust
Even Though Beneficiaries Agree
Free Preview
| Full
Article
Insurance Carrier
Must Pay Legal Fees
When It Fails to Provide Defense Under Policy
Free Preview
| Full
Article
Challengers
Fail To Stop
Sale of Audubon Folio
Free
Preview
| Full
Article
August 1-15
Hospital
Not Required to Maintain
Chapel Constructed With Bequest
Full Article
(free)
Probationary
Club Members Not Entitled
To Hearing Before Denial of Full Membership
Free Preview
| Full
Article
Who Receives
Remainder of Lifetime Trust
Representing Unspent Distributions from CRAT?
Free Preview
| Full
Article
July 16-31
Court Expands
Standing Rules
When Attorney General Has Conflict
Full Article
(free)
Court Upholds
Bylaw Requirement
For Approval of 2/3 of Members to Sue
Free Preview
| Full
Article
Animal Welfare
Providers Have No Standing
To Contest Humane Society’s Pledge of Trust Assets
Free Preview
| Full
Article
July 1-15
Nonprofit Panel
Recommends Changes
To Improve Transparency, Accountability
Full Article
(free)
Foundation and
Executive Liable
For Failing to Make Promised Grant
Free Preview
| Full
Article
Court Says Foundation
Has Standing
To Sue to Enforce Conditions on Grant
Free Preview
| Full
Article
June 16-30
Senate Finance
Committee Focuses
Hearing on Conservation Easements
Full Article
(free)
Court May Inquire
Whether 501(c)(3) Agency
Is Acting as a “Nonprofit” Credit Counselor
Free Preview
| Full
Article
Does Collector
of Contributions
Have Obligation to Remit to Organization?
Free Preview
| Full
Article
Unincorporated
Association Can’t Sue
To Prevent Secession of Affiliates
Free Preview
| Full
Article
June 1-15
House
Committee Holds Hearings
On Charitable Hospital Exemption
Full Article
(free)
Bylaw Provisions on Pensions
Serve as Contracts with Pastors
Free Preview
| Full
Article
"Dissolution” of College Is Ineffective
To Eliminate Control by Church Convention
Free Preview
| Full
Article
May 16-31
Court
Tells Charity: Keep Name
On Building or Return Contribution
Full
Article (free)
Independent Sector Seeks Comment
On Additional Governance Rules
Free Preview |
Full Article
Bank Trustee Can’t Raise Fees
To Administer Private Foundation
Free Preview |
Full Article
May 1-15
House
Ways and Means Committee Holds
Its Own Hearing on Nonprofit Oversight
Full Article
(free)
Directors May Be Personally Liable
For Approving Antitrust Violation
Free Preview
| Full
Article
Barnes Student’s Appeal Dismissed
Without Consideration of Standing, Merits
Free Preview
| Full
Article
April 16-30
Nonprofit
Not Liable for Damages
When Directors Exercised Due Care
Full Article
Foundation Seeks to Recover Grant
For Misrepresentation by Grantee
Free Preview
| Full
Article
Synagogue Ordered to Hold Special Meeting
To Elect New Board of Directors
Free
Preview | Full
Article
April 1-15
Concealment
of Sex Charges
Negates Insurance When Sued
Full Article
Exculpatory
Clause Ruled Invalid
Where It May Cover Willful Misconduct
Free Preview
| Full
Article
Charity May
Inherit Half of Estate Residue
When Named to Receive ‘Personal Effects’
Free Preview
| Full
Article
Statute of Limitations
Does Not Bar
Sexual Abuse Case Against Archdiocese
Free Preview
| Full
Article
Planned Giving
Council Releases Reporting Guidelines
Full
Article
March 16-31
Beneficiaries
May Sue Professional Solicitors
For Breach of Fiduciary Duty in Fundraising
Full Article
Citizen May
Sue Foundation for Amounts Spent
In Reliance on Grant Promised, But Not Made
Free Preview
| Full
Article
Drafters
of UMIFA Revisions
Narrow List of Proposed Changes
Free Preview
| Full
Article
March 1-15
Minnesota Attorney
General Blasts Hospital
For Failures in Charity Care, Governance
Full
Article
Family Foundation
Loses Case
To Loss of Name on Cancer Center
Free
Preview | Full
Article
Does Will Permit
Multiple Gifts?
Free Preview
| Full
Article
February 16-28
Independent
Sector Seeks Comments on Ideas
To Strengthen Governance and Accountability
Full Article
Court Adopts
“Multi-Factor Approach”
To Determine Standing in Charity Case
Free
Preview
| Full
Article
IRS Reiterates
Right of Foundations
To Support Lobbying by Public Charities
Free Preview
| Full
Article
February 1-15
Congress Looks to New Taxes on Charities
and Limitation on Deductions to Help Cure Deficit
Full Article
Charity May Collect on Pledge
Unpaid Before Death of Donor
Free Preview
| Full
Article
Court Refuses to Review Suspension
Of Social Club Member’s Rights
Free Preview
| Full
Article
May Directors Remove Director for Cause
When Bylaws Are Silent on Their Power?
Free Preview
| Full
Article
January 16-31
Congress Accelerates Deductions
For Tsunami Relief Contributions
Full Article
State Can't Force Foundation
To Contribute for State Programs
Free Preview
| Full
Article
Executive is Not Personally Liable
For Negligent Misrepresentation on Contract
Free Preview
| Full
Article
Barnes Student Appeals Ruling
Free Preview
| Full
Article
2004
December 16-January 15, 2005
Court Allows Barnes Foundation
To Move Collection to Philadelphia
Full Article
Courts Dismiss Uninsured Patient Cases;
Others File Appeal, New State Claims
Free
Preview | Full
Article
Utah Supreme
Court Recognizes Claim
For "Negligent Placement" of Foster Child
Free Preview
| Full
Article
December 1-15
Court
Denies Supporting Organization Status
When Group Is Not “Integral Part” of Public Charity
Full Article
Virginia Court
Refuses to Extend
Charitable Immunity to Gross Negligence
Free Preview
| Full
Article
Court Says Member
May Not Sue
To Contest Termination of Rights
Free Preview
| Full
Article
November 16-30
IRS Approves
Deduction for Gifts to Charity
Where Donor Obtains Right to Manage Investments
Full Article
Director is
"Limited Purpose Public Figure"
For Analysis of Defamation Case
Free Preview
| Full
Article
Professor Need
Not Register as Engineer
To Provide Opinion for Testimony on Road
Free Preview
| Full
Article
November 1-15
Court
Reverses $1.5 Million Jury Verdict
For CFO Who Complained about Billing Practices
Full Article
Court Refuses
to Decide Among Factions,
Remands Case for New Elections
Free Preview
| Full
Article
California Enacts
Sarbanes-type
Requirements for Charities
Free Preview
| Full
Article
October 16-31
Members May Inspect
Corporate Records
Unless Corporation Shows Improper Purpose
Full Text
Court Permits,
Dismisses RICO Claims
Against Former CEO and Others for Frauds
Free Preview
| Full
Text
Mistake in Interpreting
Children's Intent
Does Not Show Lack of Testamentary Capacity
Free Preview
| Full
Text
October 1-15
Deceased
Donor’s Promise to Give
Barred by “Dead Man’s Statute”
Full Text
(free)
Long-Term Care
Directors Sued
For Breach of Duty on Compensation
Free Preview
| Full
Text
Hospitals Deny
Standing in Defending
Against Uninsured Patient Litigation
Free Preview
| Full
Text
September 16-30
IRS
Recommends Excess Benefits Taxes
For Personal Use of Church Property
Full
Text (free)
Courts Orders
Expand Restitution
From Convicted Nonprofit Executives
Free
Preview | Full
Text
“Church”
Pays Tax, But Doesn’t Lose
Exemption for Electioneering
Free
Preview | Full
Text
August 16-September 15
August 1-15
Uninsured Expand
Class Action Claims
For Charity Care Against Nonprofit Hospitals
Full Article
(free)
Directors May
Be Sued for Tortiously
Trying to Remove Executive Director
Free Preview
| Full
Article
Court of Appeals
Reverses Trial Court,
Rules Medical Waiver Ineffective
Free Preview
| Full
Article
July
16-31
Revocation of Dissolution Does Not Revoke
Transfer of Property Before Reinstatement
Full Article
(free)
Nonprofit Has Standing to Contest
Violation of Voting Rights Act
Free Preview
| Full
Article
Board Has No Power to Issue
“Candidate Audit” During Elections
Free Preview
| Full
Article
Who Suffers Loss When Title Agent
Absconds with Money Before Settlement?
Preview |
Full Text
July
1-15
Senate
Finance Committee Hearing Seeks
“To Bring Real Reform in the Nonprofit Sector”
Full Article
(free)
Foundation May Suspend Grants to Theater
But May Not Make Grants Elsewhere
Free Preview
| Full
Article
Court Must Approve Reimbursement Provision
When Contract to Sell Assets Is Disapproved
Free Preview
| Full
Article
June
16-30
Court Has Power to Approve Settlement
Of Foundation Dispute Without Assessing Fairness
Full Article
(free)
Former Member of Church May Pursue Claim
Against Pastor for Professional Negligence
Free Preview
| Full
Article
Member Not Bound by Association’s Contract,
May Continue Zoning Fight After Group Settles
Free Preview
| Full
Article
June 1-15
State Can't Force Energy Foundation to Contribute
$125 Million for State Programs
Full Text
Zoning Law Permitting
Clubs, Not Churches, Violates Federal
Religious Land Use Law
Preview |
Full Text
Court Refuses
to Terminate Spendthrift Trust But Advances $3
Million to Charitable Remainder
Preview
| Full
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May
16-30
IRS Issues Rev. Ruling on Joint Venture Between Charity
and For-Profit Business
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Committee Poposes
Changes to UMIFA To Eliminate Concept of "Historic Value"
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Corporation
Formed to Enforce Agreement Against State Is Not Covered by Sunshine
Law
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May
1-16
Grantmaker May
Rescind Commitment When Grantee Fails to Meet Conditions
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Bequest "Adeemed
by Satisfaction" When Donor Gave During Lifetime
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Insurance Policy
Does Not Cover Claims Arising from Disputed Election
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Nonprofit Urging
county to Reconsider Contract is Protected by First Amendment of
Constitution
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April 16-30
"Expert Advice or Assistance" Provision Of Patriot
Act is Held Unconstitutional
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Mention of Official's
Admiration in Fundraising Letter Does Not Misuse Person's Name or
Invade Privacy
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D & O Insurance
Policy Does Not Cover Investigation of Possible Billing Fraud
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Court Reverses
Dissolution of Nonprofit College When Action Was Taken Without Proper
Approval
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April 1-16
IRS
to Launch Compliance Initiative On Excess Benefit Transactions
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Nonprofit May
Adopt Bylaw Provisions Which Are Not Inconsistent with Charter
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University Must
Exercise Reasonable Care In Directing Student on Class Field Trip
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March 16-31
Jury
Finds St. David's Hospital Has Enough Control to Retain Exemption
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FTC
May Limit Telemarketing For Charities Under Patriot Act
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Directors
Serve One Year When Bylaws Don't specify Term
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FEC Propses
Rules That Could Turn Nonprofits into Political Committees
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March 1-16
State
Court Says Federal Excess Benefit Tax Standards Should Be Considered
in Determining Fairness of Payment
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Nonprofit Wins Legal Fees Under EAJA, But Court Slashes Request
by Almost 80%
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Beneficiaries
of CRUT Have No Standing to Sue For Breach of Fiduciary Duty by
Investment Manager
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Nonprofit
Corporation Must Indemnify Treasurer Who
Successfully Defends Against Defamation Suit
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Library May Sell Native America Collection to Bolster Finances
and Ensure Viability
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2003
December 2003
Court Tells
Barnes Trustees to Try Again
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Court Can Okay
Fair Procedures For Stymied Corp
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Which Society
is Entitled to Trust Funds?
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When Are Agency
Lawyers Disabled by Conflict?
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Gift Does Not
Trigger Right Of First Refusal
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October/November
2003
Court Says Charity
Must Control Venture
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Theft of Funds
Is Not Covered By Insurance
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Insurance
Fails to Cover Drunk Driving Accident
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Ignoring Lawyer's
Advice: Board Breaches Fiduciary Duty
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September 2003
Pew Trusts to
Convert to Public Charity
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When Board
is defunct: Court May Appoint Receiver for Agency
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Medical Waiver
Protects Charity From Injury Claim
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Agencies Not
Liable for Others' Criminal Acts
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August
2003
Boy Scouts
May Be Excluded From Combined Campaign
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President Can't
Publish His Poetry In Company Name
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Because Attorney
on Board Heirs Don't Prove Undue Influence
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Fraternal
Life Insurer May Change the Rules
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Insurer's
Suit to Reject Claim Is Not Unfair
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July 2003
Volunteers Protected
From Claim for Wages
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State May Have
Right To Keep Funds In-state
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Though Same
Boards and CEO: Creditors Can't Pierce Corporate Veil
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Hospital
Can Stop Manager from Competing
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Court
Refuses to Change Loan Fund to Grants
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June 2003
Volunteer
Not Immune from Suit for Crash
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Trustees
May Extend Foundation Despite Donor's Direction to End
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With Attorney
General: Hershey School Agrees to Limitations
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30
Years Together Doesn't Imply a Contract
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For-profit
Can't Stop Nonprofit's Lobbying Effort
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March/April/May
2003
Telemarketer
May Be Prosecuted for Fraud
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Nonprofit
Suffers Losses for Failure To File Report
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