Lead Stories

Is ‘Conversion Foundation’ Liable For Overpayments to Hospital From Medicare?

Louisiana Court says Foundation did not assume obligation and was not a “successor” subject to liability

More than ten years after Ruston Louisiana Hospital Company, LLC purchased substantially all of the assets of Lincoln General Hospital from the Lincoln Health System and began operating the hospital on a for-profit basis, the Center for Medicare & Medicaid Services gave Ruston notice that it was being asked to repay more than $700,000 in overpayments of Medicare made to Lincoln before the sale. 

Attorney General Can’t Cy Pres Assets Of One Volunteer Fire Company to Another

Pa. Court says AG can’t force transfer from an operating charity when it doesn’t prove the assets are held “in trust”

The Commonwealth Court of Pennsylvania has rejected an attempt by the state’s Attorney General to close down a volunteer fire company that had been prohibited from fighting fires in its community and to force the transfer of its assets to a different company continuing to serve the area.  The Court rejected the AG’s claim that all of the assets of the decertified company were held “in trust” and should be transferred under the cy pres provisions of the state’s Trust Code when it became “impracticable” for it to pursue its mission.

Private Foundation Manager Convicted For Failing to Pay Tax on Self-Dealing Income

Tax was imposed on payment of children’s scholarships even though manager had “corrected” some payments

The head of a private family foundation has been convicted of failing to pay federal income tax on the value of scholarships paid by the foundation for tuition for his children.  The charges were among several that caused James L. Wright to be sentenced to 33 months in prison and ordered to make restitution of $146,404.

Failure to Follow Corporate Practices Leads to Lengthy, Disruptive Litigation

Putting name of new directors on Facebook page does not comport with required procedures for election

“This is a classic case in which failed corporate governance led to distrust, dissention, and disorganization.  With all the best intentions aside, had these two nonprofit entities followed corporate principles and practices likely no lawsuit would have been filed.”

Directors Not Liable for Bad Decision In Rejecting Settlement of Lawsuit

Ohio Court cites doctrine of litigation privilege, but disclaims ability to provide indemnification

The Court of Appeals of Ohio has ruled that directors of a nonprofit trade association cannot be sued on behalf of the corporation for turning down a settlement offer in a defamation suit that would have saved the Association $43 million.  But it has also ruled that it had no jurisdiction to force the Association to indemnify the directors who successfully defended the suit, saying that could be done only by a court in Delaware, the state of the Association’s incorporation.

Are Paintings Given for “Permanent Home” At College Considered Part of Endowment?

Court says common law doctrine of cy pres, UPMIFA are not relevant to the decision

Hotel magnate Eugene Eppley commissioned renowned American artist Grant Wood to paint a mural for the Hotel Montrose in Cedar Rapids, IA, in 1932.  When the hotel was sold in 1957, Eppley had the mural, known as “The Fruits of Iowa,” taken down and separated into seven separate panels.  He “loaned” the paintings to Coe College, where they remained on display for nearly 20 years.