Lead Stories

Lawyer May Be Liable for “Oversight” In Failing to Have Client Sign Trust Change

Identifiable beneficiaries may have cause of action where it is clear an innocent party was injured

An attorney who failed to have a client sign an amendment to his living trust while getting him to sign amendments to his will and other documents may be liable for legal malpractice to family members the client wanted to favor over a number of charities, the Pennsylvania Superior Court has held.  The Court has reversed a trial court dismissal of the claims and allowed the family members to pursue a malpractice claim against the lawyer and his firm.  (E

Volunteer Protection Act Does Not Protect Against Sanctions for Contempt of Court

Court says VPA was intended to protect volunteers against ordinary negligence, not to curb courts’ contempt power

The Volunteer Protection Act does not protect volunteer directors from personal liability for contempt of court when they violate a court injunction, the Ninth Circuit Court of Appeals has ruled.  The law was intended to protect volunteers against claims for ordinary negligence and not to interfere with the inherent powers of courts to enforce their orders.  (Institute of Cetacean Research v.

Court Says Suit Against Donors Violates Anti-SLAPP Law

Community members sought to stop Foundation from regranting gift to university for “commercial” project

A suit by a community association and two taxpayers against two donors and the Foundation of the University of California at Los Angeles seeking to stop a commercial development project by the university has been found to violate the Strategic Lawsuit Against Public Policy (SLAPP) law in California, in part because there was no showing that the plaintiffs had a chance of winning on the merits.  (Save Westwood Village v.

Court Denies Member’s Request To Deliver Copies of Records

Statutes provide a right to inspect and copy but don’t require corporation to provide copies

A member of a nonprofit condominium association has a right to inspect the books and records of the association but not the right to have the association deliver copies of the records to the member’s office, an appellate court in Illinois has ruled.  It has reversed a trial court decision granting the member’s demands.  (Oviedo v. 1270 S. Blue Island Condominium, App. Ct., IL, First Dist., Third Div., No. 1-13-3460, 8/27/14.)

What Is Value of Sorority Membership To Students and Their Mothers?

Plaintiffs must each claim damages of more than $75,000 to sue in federal court over denial of daughters’ admission

What are the potential damages to two Howard University students denied admission to the famed Alpha Kappa Alpha Sorority chapter on campus, and their mothers who are graduate members of AKA who have dreamed for years of seeing their daughters join the Sorority?