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January 1-31, 2007

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January 1-31, 2007

January 1-31, 2007

Volunteer Board Chair Immune From Suit Under Protection Act
Meeting with head of school and parents of expelled students was within scope of duties 

Nonprofit May Discipline Members If It Uses Fair Procedures
California court willing to apply California law to D.C. nonprofit operating within the state 

Uninsured Hospital Patient May Proceed With State Consumer Fraud Claim
Illinois Court says Complaint alleges violation of state charitable exemption laws

Issues Notes

  • Discuss the issues and Ask the Editor, February 15
  • Note to Librarians

To the Point

I was a Board member of a $5 million Educational Foundation of which my husband became President. Our marriage dissolved and he dissolved the Board. I know of an instance where he "borrowed" $50,000 from the Foundation for personal use without board knowledge or approval. Is this behavior legal? Do I have any recourse considering I'm no longer with the Foundation? 

Lessons from Litigation

  • Board vote counts as members’ vote when groups are identical
  • Who won the Walleye-Steelhead Tournament?
  • Nonprofit Corporation Law trumps Condo Act

Tax Matters

  • Congress changes UBTI rules for CRTs
  • Charity auction website is not exempt
  • Sixth Circuit affirms validity of conservation easements
  • 27% charitable subsidy does not qualify for exemption

Employment Law

  • ADA claim stayed for arbitration
  • Is overly high expectation a form of discrimination?
  • Nonprofit may fire employee for baseless report to FBI
  • Same-sex harassment suit dismissed, retaliation claim remanded

Say That Again


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