Lead Stories

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. (

Penn State Trustees May Review Source Material of Freeh Report

Court orders release of information despite board’s vote not to look at background data

A group of trustees elected by Penn State alumni has the right to review the background data developed by Louis B.

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.)

Board Chairs of Catholic Health System Can’t Be Sued for Healthcare Policy

Court refuses to hear claim of negligence in care because it would impermissibly intrude on religious matters

A federal District Court in Michigan has refused to consider a claim that current and former board chairs of a Catholic healthcare system had negligently adopted healthcare policies that caused a woman to receive improper treatment and information regarding her miscarriage prior to childbirth. The Court said it would not question the Catholic Ethical and Religious Directives because to do so would involve an impermissible intrusion on ecclesiastical matters. (Means v.

January Webinar

Bylaws: The "Constitution" of Nonprofits - The Art and Science of Making Them Work
Wednesday, January 14, 2026
1:30-3:00 PM ET

Can Donald Trump serve a third term as President? A lot of commentators say the answer is clearly “No.” Steve Bannon says they have “a plan.”

If the bylaws of a nonprofit function as the “Constitution” of the corporation, and the Constitution of the United States functions as the bylaws of the nation, learn why the term limit provision of the Constitution is not so clear and how it would undoubtedly lead to litigation if Trump seeks to serve a third term.

If you want bylaws that don’t lead to litigation, join us for tips on how to write them so that they say what you mean and mean what you say.

Do you have nonprofit bylaws that work?
Not bylaws that are open to several interpretations.
Not bylaws that describe the way things used to be done.
Not bylaws that fail to cover key power issues.

But bylaws that set out clear roles and responsibilities so that people can understand how to proceed, without litigation.

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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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