Lead Stories

AG May Use Tainted Evidence In ‘Redacted v. Redacted’ Case

PA Supreme Court vacates opinion limiting use of information disclosed by defendant’s attorney

The Pennsylvania Supreme Court has overruled the Commonwealth Court’s opinion in “Redacted v. Redacted” and allowed the state Attorney General to proceed against several charities and their officers using information allegedly disclosed by the charity’s attorney in violation of her obligation to preserve confidentiality.  The Supreme Court has said that evidence should be admitted in the case “based on established evidentiary principles and not the broader Code of Professional Conduct.” 

Foundation Director May Approve Grant To Charity on Whose Board She Sits

Court throws out challenge by other director who claimed that board was not properly constituted

A federal District Court in Indiana has entirely dismissed a suit brought by the son of the founders of a family foundation who claimed that the foundation’s board was not properly constituted and that grants awarded by the board are unlawful.  He complained particularly about grants to a university on whose board one of the foundation’s directors sits.  (Doermer v. Callen, N.D. IN, No. 2:15-CV-154, 11/9/15.)

Attorney Can’t Send Letter To Directors Represented by Counsel

Sending agency’s board a claim letter violates Rule 4.2 of the Rules of Professional Conduct

An attorney suing a nonprofit agency for the wrongful discharge of his client may not send a claim notice to the entire board of the agency asserting that they could be personally liable for a “false and libelous” counterclaim filed “with malice” against his client.  An appellate court in Connecticut has affirmed a protective order issued by the trial judge preventing the lawyer from having further contact with the directors without the consent of their lawyer.  (

Student’s Host Family Protected By Volunteer Protection Act

Hosts of exchange student not liable for negligence in student’s death in skiing accident

The host parents of a foreign exchange student are not liable for damages arising from the skiing death of the student, even if they committed ordinary negligence in failing to warn about risks on the mountain, a federal District Court in Montana has held.  They are protected against liability by both the federal and state Volunteer Protection Acts.  (Waschle v. Winter Sports, D. MT, No. CV 13-309, 9/4/15.

Association Member Can’t Access Email Addresses, Phone Numbers

Court agrees that giving names and addresses of other members is sufficient under state law

An appellate court in Utah has ruled that a nonprofit homeowners’ association is not required to provide anything more than the names and addresses of other members upon request of a member and is not required to give email addresses or telephone numbers held by the association.  (Walker I Investments v. Sunpeak Association, Ct. of App., UT, No. 20140085-CA, 8/27/15.