Civil Procedure › Nonprofit Law

The ERISA Litigation Newsletter - May 2013

This month our articles focus on the availability of damages in complex ERISA class actions and withdrawal liability actions. Jackie Len first provides Proskauer's perspective on the implications for ERISA litigation arising...more

IRS Releases Final Colleges and Universities Compliance Report: Reveals Significant Underreporting

A recent report of the IRS’ Exempt Organizations (EO) division provides the results of a multi-year audit of tax-exempt colleges and universities regarding their compliance with IRS reporting requirements. The report focuses...more

Court Of Appeal Upholds City’s Ban On Medical Marijuana Dispensaries

A cooperative corporation that operates a nonprofit medical marijuana collective challenged city ordinances that ban medical marijuana dispensaries. The court of appeal held that the ordinances are not preempted by the...more

The Discovery Rule – Landers v. Wabash Center (Ind. Ct. App. 2013)

In this week's post we examine Indiana's application of the Discovery Rule that, when applicable, can permit a claim to proceed even though it was filed after the statute of limitations has run. This discussion is conducted...more

Virginia Supreme Court Opinion Affecting Local Government Law, January 10, 2013

Today, the Virginia Supreme Court issued one opinion affecting Virginia local government law. Congratulations to the County of Albemarle and the City of Charlottesville! The Local Government Attorneys of Virginia supplied an...more

Litigation Basics for Nonprofits: What to Do When a Complaint or Subpoena is Served

In this presentation: -Defending Against Actions -Third-Party Subpoena -Summons and Complaint in a Civil Case -Writs -Request for Information from the Government -Government Subpoena -Agent Contact/Search...more

BLG Monthly Update for November 2012

The colour purple, a tire fire, fake wine, the usual neat contracts cases: all this and more in the BLG Monthly Update for November....more

Litigation Basics for Nonprofits: What to Do When a Complaint or Subpoena Is Served and Other Tips and Strategies

In this presentation: - Goals - The Actors and the Forum - Defending against Actions .. Third-Party Subpoena .. Summons and Complaint in a Civil Case .. Writs .. Request for Information from the...more

Privilege Considerations for Nonprofit In-House Counsel

In this presentation: The Basics – What is the attorney-client privilege? – What is the attorney work-product doctrine? – How do they differ? Special Considerations for Nonprofit In-House...more

Privilege Considerations for Nonprofit In-House Counsel

In this presentation: The Basics – What is the attorney-client privilege? – What is the attorney work-product doctrine? – How do they differ? Special Considerations for Nonprofit In-House...more

When Associations Attack: Beware Standing and Other Pitfalls When Suing on Behalf of Members

If you are an in-house lawyer for a trade or professional association, you probably spend a good amount of your time counseling the association and its members on the importance of complying with government regulations,...more

Recent SCOKY Decision Limits Property Tax Exemption For Nonprofits To Purely Charitable Enterprises; Case Could Spawn Other...

A recent decision by the Kentucky Supreme Court could have significant ramifications for nonprofit corporations that own real property in Kentucky and do not serve a purely charitable public purpose. In Hancock v....more

Court Of Appeal Rejects County Assessor’s Method Of Valuing Mobilehome Spaces

A county assessor erred when it valued the mobilehome spaces in a mobilehome park, underlying a mobilehome, by subtracting the value of the mobilehome from the purchase price of the mobilehome, as established by a valuation...more

Supreme Court Affirms Constitutional Test Must be Met by Those Seeking Charitable Exemptions

In a 4-3 decision, the Pennsylvania Supreme Court, in Mesivtah Eitz Chaim of Bobov, Inc. v. Pike County Board of Assessment Appeals, No. 16 MAP 2011 (April 25, 2012) (“Mesivtah”), held that a property owner seeking an...more

Tax Exemption Ruling Defines Public Charity v. Business Interests

The Kentucky Supreme Court recently ruled that a private, non-profit entity which acquired and marketed property in order to attract new business to Floyd County, did not qualify for an exemption from paying ad valorem real...more

Court Holds Vote To Remove Director Is Not An Exercise Of Free Speech

When directors vote to remove a fellow director, are they exercising their free speech rights? This may seem to be a question that is reserved for courses in legal theory. In California, however, answering the question can...more

New Pennsylvania Rules Require Immediate Appeals in Matters Involving Trusts, Charities, and Other Proceedings Heard by...

On February 13, 2012, new amendments to the Pennsylvania Rules of Appellate Procedure took effect and made substantial changes to the right to appeal from orders entered by Pennsylvania’s Orphans’ Courts. The...more

Health Headlines - July 18, 2011

In This Issue: - IRS Releases Community Health Needs Assessment Guidance for Tax-Exempt Hospitals - California Department Of Insurance Issues Order to Show Cause Against Blue Shield of California for Denying Autism...more

U.S. Supreme Court Issues a Trio of Patent Opinions

The Supreme Court has handed down three opinions that relate to patent issues. In Global-Tech v. SEB, ____ U.S. ____ (2011), the Court issued a new standard for establishing inducement of infringement; in Stanford v. Roche,...more

Banning Ranch Conservancy v, Superior Court Of Orange County

Open-ended "framework" retainer agreements do NOT create an attorney-client relationship

Open-ended "framework" retainer agreements — which give attorneys and clients the option of working together on repeat occasions — do not necessarily create a current attorney-client relationship, a California appeals court...more

Mofo New York Tax Insights - March 2011 - Volume 2, Issue 3

In this issue: Taxpayer’s Testimony Fails to Establish Non-Residency; New Unit in A.G.’s Office to Pursue Tax Claims Under False Claims Act; ALJ Vacates Demand for Bill of Particulars; Non-Profit’s 99-Year Lease Insufficient...more