Lead Stories

A federal District Court in California has allowed donors of $100 million to a donor advised fund at Fidelity Investments Charitable Gift Fund to proceed with a suit for damages they claimed resulted when, contrary to its representations, Fidelity dumped the gift stock immediately upon receipt and depressed the value of the gift for charitable donation deduction purposes.  The Court has rejected a motion to dismiss the case, holding that the plaintiffs have standing to sue and have adequately alleged causes of action.

An appellate court in Louisiana has affirmed dismissal of a suit by parishioners of a merged church seeking to enjoin the sale of a church building.  It held that the parishioners failed to state a cause of action upon which relief could be granted.

A 501(c)(3) nonprofit running long-distance bicycle rides to raise money for affordable housing has found itself uninsured when sued for negligence by one of its participants who was seriously injured while on a cross-country ride.  A federal District Court in Philadelphia has granted summary judgment to the organization’s commercial liability and excess coverage insurers who sought a declaration that they had no obligation to protect the charity from the rider’s claims.

Dues-paying “members” of the Berkshire Museum in Massachusetts, who have no voting rights in the nonprofit museum corporation, lack standing to seek an injunction to stop the sale of valuable artwork, the state Appeals Court has affirmed.

A group of plaintiffs sued the museum and its trustees individually claiming standing to sue to enforce the museum’s governing documents, to protect their rights as members, and derivatively as corporate members.  A trial judge dismissed their claims and the Appeals Court has affirmed.

The Ninth Circuit Court of Appeals has reversed two District Court decisions enjoining the state of California from requiring submission of the Form 990 Schedule B list of major donors in order to solicit charitable contributions within the state.  It has joined the Second Circuit Court of Appeals that recently held that a similar requirement in New York is constitutional and enforceable.  (See Nonprofit Issues^®, Vol. XXVIII, No. 1)

When Kathryn Seymour executed her Amended Trust Agreement, she provided that upon her death the residue of her estate would go 50% to St. John’s United Church of Christ in Massillon, OH, 40% to the Massillon community hospital, and 10% to the local branch of the Salvation Army.  Before her death, however, the hospital was sold to a for-profit and became known as the Affinity Medical Center.  The bank trustee asked the trial court for a declaratory judgment on the question of the rightful recipient of the 40% interest.