The Fifth Circuit Court of Appeals has ruled that a homeowners’ association judgment for more than $30,000 against a former president for breach of fiduciary duty while in office is not dischargeable in bankruptcy. (Whitaker v. Moroney Farms Homeowners’ Association, Fifth Cir., No. 15-40926, 3/18/16.)
Sally Leonard, a member of the paddling committee of the New Hampshire Chapter of the Appalachian Mountain Club, claimed that after she said that fellow committee member Thomas Todd should not be allowed to participate in a paddling committee event because of “his history of aggressive behavior toward females,” her computer was hacked and her car window was broken. She also claimed that she was afraid for her well-being.
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.
