Nonprofits Civil Procedure

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NJ Federal Court Rules Pension Plan Established By Church-Controlled Hospital Not an ERISA-Exempt Church Plan

On March 31, 2014 the U.S. District Court in New Jersey held that a defined benefit pension plan established by St. Peter’s Healthcare System was not a church plan exempt under ERISA despite the fact that St. Peter’s is...more

Could it be that the Uniform Trust Code would effectively immunize the trustee of a revocable inter vivos trust from liability for...

Section 603 of the Uniform Trust Code provides that while a trust is revocable and the settlor has capacity to revoke the trust, rights of the beneficiaries, such as the equitable remaindermen, are subject to the control of,...more

New York Federal Court Dismisses Derivative Suit Against Sons of Norway Executives

On February 6, the US Court for the Eastern District of New York dismissed a derivative suit against the CEO, general counsel and former international president of Sons of Norway, a fraternal organization. Former members of a...more

Updated Procedures For Reinstating Tax-Exempt Status: IRS Issues Revenue Procedure 2014-11

In This Issue: - What You Need to Know - Methods to Reinstate Tax-Exempt Status Smaller Organizations Applying Within 15 Months of Revocation Date - Organizations Not Eligible for the Streamlined Process Applying...more

Washington Supreme Court Holds That the WLAD Exemption for Non-Profit Religious Organizations is Unconstitutional as Applied to...

The Washington Supreme Court has significantly limited non-profit religious organizations’ immunity from employment discrimination claims brought under the Washington Law Against Discrimination (“WLAD”), RCW 49.60. In...more

Religious Institutions - February 2014

Who owns the "church?" For most, this is an odd question. As children, many of us folded our hands and repeated a rhyme: "Here is the church. Here is the steeple. Open the doors and see the people." Nevertheless, for well...more

Standing to Seek Enforcement of Charitable Trusts

“It is the duty of the king, as parens patriae, to protect property devoted to charitable use; and that duty is executed by the officer who represents the crown for all forensic purposes.” Jackson v. Phillips, 96 Mass. (14...more

Members of Nonprofit Corporations Can Bring Derivative Actions – But They May Have to Pay a Price

A recent decision by the North Carolina Court of Appeals serves as a reminder to North Carolina nonprofit corporations that their members can bring derivative actions on behalf of the nonprofit. But, if such actions are...more

Eighth Circuit Decides Case Involving 4-H Pig Show Ban

The Eighth Circuit upheld an injunction issued in favor of a 4-H member against the South Dakota State Extension Service to allow her to continue participating in livestock shows. The Court found that she would likely be...more

Municipal Bankruptcies – Interview with Bill Kannel, Member, Mintz Levin [Video]

Attorney Bill Kannel, Member of Mintz Levin's Bankruptcy, Restructuring & Commercial Law Practice, discusses the prerequisites for municipalities looking to file Chapter 9 bankruptcy. ...more

The Renewable Resources Coalition Case: Pleading Around California’s Anti-SLAPP Statute

The California Court of Appeal’s recent decision in Renewable Resources Coalition, Inc. v. Pebble Mines Corporation, et al., 218 Cal.App.4th 384 (July 20, 2013), illustrates perfectly the importance of careful drafting of...more

Southern District of New York Dismisses Complaint Against Madoff-Invested Fund

The US District Court for the Southern District of New York dismissed a complaint against J. Ezra Merkin and Gabriel Capital Corporation (together, Defendants), which together managed Ascot Fund Limited (Ascot), an offshore...more

Discrimination In California Business Establishments: The Unruh Act

While you’d be hard pressed to find a California lawyer who doesn’t know that discrimination against business patron is unlawful, many are not familiar with the California law barring such discrimination – the Unruh Act....more

Rhode Island Real Estate Tax Appeals for Non-Profit Organizations

It is clear that the municipalities in Rhode Island are facing tough financial times. Municipalities are eagerly searching for new sources of tax revenue to meet budgetary shortfalls. Unfortunately, this search has led to...more

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

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