Nonprofit Law YOU Want to Know
We regularly feature answers to questions from readers in our “To the Point” column. The full list can be viewed on the site.
How can I get my name off board list on website?
Lead Stories
“Gross Negligence” Requires Deliberate Misconduct
Court says difference from simple negligence is intentional wrongdoing or conscious disregard
The difference between negligence and gross negligence is not in degree or magnitude of inadvertence or carelessness, the Court of Appeals of North Carolina has held. Gross negligence is rather intentional wrongdoing or deliberate misconduct done with conscious or reckless disregard for the rights and safety of others. (Green v. Kearney, Ct. of App., NC, No. COA11-439, 11/15/11.)
Club May Terminate Members For Failing to Meet Bylaw Requirements
Directors have fiduciary duty to corporation and membership generally, not to individuals
A private fishing club organized as a nonprofit corporation in Kentucky has the authority to remove members who fail to meet the bylaw requirements for membership, the Court of Appeals of Kentucky has held. The members have no claim for breach of fiduciary duty against the directors who made the decision because the directors owe their fiduciary duty to the corporation and membership has a whole, not to individual members. (Fenley v. Kamp Kaintuck, No. 2010-CA-001926, 11/10/11.)
U.S. Supreme Court Confirms “Ministerial Exception” in Employment Law
Court says government can’t tell religious organizations who they must hire as “ministers” to promote faith
A unanimous U.S. Supreme Court has confirmed the existence of a Constitutionally-required “ministerial exception” that prevents the use of standard employment discrimination law against religious institutions selecting “ministers” who personify their beliefs and promote their faith. But the Court has left for later decisions a determination of the exact contours of the definition of a “minister.” (Hosanna-Tabor Evangelical Lutheran Church and School v.
Nonprofit Law YOU Want to Know
We regularly feature answers to questions from readers in our “To the Point” column. The full list can be viewed on the site.
When should we defend volunteer accused of crime?
Charities Lose Bequests When Donor Doesn’t Change Will
Handwritten instrument failed to provide bequest when man’s wife predeceased him by several years
In 1984, Irving Duke prepared a handwritten will in which he left everything to his wife except for the $1 bequest he used to cut his brother out of the estate. He also provided that if he and his wife died simultaneously, his estate would be divided between the City of Hope in the name of his sister, and the Jewish National Fund to plant trees in Israel.