A largely dormant nonprofit corporation has been taken over by 60 new members who paid their $25 annual dues, called a special meeting of members, voted out the old board of directors and replaced them with a new slate of their own choosing.
A suit contesting an election at the Association of Philippine Physicians in America Foundation has been dismissed by a federal district court in Kentucky when the plaintiffs did not follow the procedures to bring a derivative action or allege current or future personal harm. (Pagtakhan-So v. Cueto, E.D. KY, No. 5:14-370, 2/16/16.)
A claim by 26 intestate heirs seeking to invalidate a $1.45 million family educational trust, which would make the money available to them, has been denied by an appellate court in Louisiana. The Court has held that the language of the will was sufficient to establish the trust. (Succession of Henderson, Ct. of App., LA, No. 50,475-CA, 2/24/16.)
Counsel for Penn State University, who purported to represent university employees at a grand jury investigation into the Jerry Sandusky sexual abuse scandal, could not provide adequate counsel to them as individuals and was incompetent to testify as to her communications with them, an appellate court in Pennsylvania has ruled.
A bank trustee that took a little more than two months to distribute trust funds to charities during the precipitous drop in stock prices in late 2008 is not liable for a breach of fiduciary duty under the circumstances of the case, an appellate court in California has affirmed. (Estate of Gilliland, Hi-Desert Memorial Hospital v. Union Bank of California, Ct. of App. CA, Second Dist., Div.
Trustees of Girard College, a free elementary and secondary school for disadvantaged youth in Philadelphia, have been denied a request to eliminate their residential and high school programs temporarily in order to rebuild their reserves to assure the long-term viability of their programs. The Pennsylvania Commonwealth Court has affirmed an Orphans’ Court decision denying the request. (Estate of Stephen Girard, No. 2254 C.D. 2014, 1/21/16.)
