Lead Stories

Catholic System Directors Not Liable for Negligence

Court of Appeals affirms dismissal of suit by woman claiming injury because of Directives

The Sixth Circuit Court of Appeals has affirmed dismissal of a suit brought against individual directors of Catholic Health Ministries by a woman who claimed she was injured because the Catholic hospital to which she went for treatment of a miscarriage during her pregnancy followed the Catholic Health Directives approved by CHM. The Court, however, resolved the case without reaching a significant holding of the trial court that had acted previously. (Means v.

Fundraising Association Lacks Standing To Challenge Registration Law

Consultant has standing to raise claim that law is unconstitutional “as applied”

A federal District Court in Utah has ruled that an association lacks standing to claim that Utah’s statute requiring fundraising counsel to register with the state if their clients solicit charitable contributions in Utah is unconstitutional “as applied.” The Court has left standing a prior ruling in the case that a fundraising counsel threatened with penalties if it didn’t register has standing to contest the requirement. (American Charities for Reasonable Fundraising Regulation v.

PA OAG Reaches New Agreement With Trustees of Hershey School

Trustees had spent $3.6 million on internal investigations of possible insider trading, violation of conflict rules

The Pennsylvania Office of Attorney General has reached a new agreement with the trustees of the Hershey Trust Company and Hershey School only three years after an agreement made in 2013.

Participants in Church Pension Plan May Sue for Breach of Fiduciary Duty

Minnesota Court of Appeals says decision can be made without involvement in religious doctrine

The Court of Appeals of Minnesota has reversed a trial court decision and permitted participants in pension plans of the Evangelical Lutheran Church in America to proceed with a suit against the plan board for breach of fiduciary duty.

$14.5 Million Judgments Lost for Lack of Jurisdiction

“Stateless” citizens can’t use federal courts for jurisdiction based on diversity of citizenship

A citizen domiciled in Haiti cannot sue a defendant domiciled in Maine and claim federal court jurisdiction based on diversity of citizenship because of an “arcane” exception to the general rule allowing a citizen of one state to sue a citizen of another state in federal court. But it was enough to cause a federal District Court in Maine to throw out two defamation verdicts totaling $14.5 million when the defendant raised the issue after losing a “long, arduous” trial. (

Unincorporated Association Can’t Hold Title to Real Estate

North Dakota Supreme Court refuses to make exception to recognize deed from former owner

The Supreme Court of North Dakota has refused to create an exception to the general rule that an unincorporated association may not hold title to real estate under state law. It has denied a request by a nonprofit association to make an exception to recognize a deed the association claimed it received from the former owner. (The Next Step v. Redmon, Supreme Ct., ND, No. 20150333, 5/26/16.)

July Webinar

From Policy to Practice: Optimizing Your Nonprofit Personnel Handbook
Wednesday, July 9, 2025
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How good is your personnel policy handbook?

Whether your nonprofit has 10 employees, 200 employees, or more than 1000, you probably have a personnel policy “handbook.” You give it to new employees and require that they sign to acknowledge receipt.

But do they actually read it? If they do, does it cover the policies you want them to understand? Does it reflect the type of working environment you want to maintain? Does it cover issues required by law? In a way that complies with the law?

Does it cover available leaves? Disciplinary procedures? Remote work? Whistleblower protections? Conflicts of Interest? Social media policies?

Does it protect your ability to change the policies? Do you have a way to update it regularly, with changes going to all employees?

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Nonprofit bylaw review

Don Kramer will review and comment on your own current or proposed bylaws

Do your Bylaws reflect the way you actually operate? Do they protect the interests of those who should be protected? Do they spell out clearly how to deal with governance issues? Or do they create uncertainty for those who have to implement them?

Most nonprofits don't spend a lot of time looking at their Bylaws until there is a question or a dispute. That's when you need bylaws that are clear and unambiguous, so your questions on how to proceed are already answered. That's when bad bylaws can lead to unnecessary controversies or even costly litigation. Nonprofit Issues editor Don Kramer will review your current or proposed Bylaws to see if they work for you.

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SAY THAT AGAIN?

May 30, 2025

The loan agreement says: “All contractual rates of interest chargeable on the outstanding Term Loans shall continue to accrue and be paid even after default, maturity, acceleration, judgment, bankruptcy, insolvency proceedings of any kind or the happening of any event or occurrence similar or dissimilar.”

A former banker friend says that “any event or occurrence similar or dissimilar” is some lawyer “fancy talk” for “the kitchen sink!”

See our "Say That Again" collection

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This report provides a rare inside view on barriers women face to selection and success that are particular to nonprofit organizations and makes specific recommendations on how to improve the gender ratio.
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