Directors Have No Fiduciary Duty To Other Directors of Nonprofit
Penn State wins dismissal of most claims by ousted trustee, but Court wants more argument on First Amendment retaliation charge
A federal District Court has dismissed most counts of a suit brought by ousted Penn State University Trustee Barry J. Fenchak against the University in their long-running dispute over Fenchak’s rights and duties as a member of the Board of Trustees. The Court has dismissed claims of defamation, breach of fiduciary duty, and violation of the Pennsylvania Constitution. It has refused to dismiss at this point, however, a claim for violation of the First Amendment of the U.S. Constitution.
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