Failure to disclose illness destroys disability claim
An executive director’s failure to disclose his Parkinson’s disease to his board of directors before the final phase of his termination process has lost a claim for wrongful termination on the basis of disability. A federal District Court in Ohio has dismissed the case on summary judgment.
Foundation Liable for Punitive Damages In Receiving Gift Induced by Fraud
James M. Montgomery convinced an employee of a bank he was about to open to invest $100,000 in the business, saying he needed the additional money to meet regulators’ capitalization requirements to start operating. Shortly after the employee made the investment in 2008 and before the bank opened for business, Montgomery directed the bank to transfer $100,000 to his family foundation. The bank failed in less than a year and all of the initial investors, including the employee, lost their investments.
Oxford House Group Home Gets Disability Accommodation
A federal District Court in Louisiana has ruled that a six-person group home for individuals recovering from drug or alcohol addiction is entitled to a reasonable accommodation under the Fair Housing Act and the Americans with Disabilities Act and should not be required to install automatic sprinklers and fire alarm systems required by the State Fire Marshal for rooming houses.
Candidate can’t overturn election without showing damages
A candidate for director of the nonprofit Cairn Terrier Club of America could not overturn the club’s election results when she did not specifically claim that the club’s failure to follow its bylaw procedures cost her votes. The Commonwealth Court of Pennsylvania has affirmed a trial court decision dismissing her case.
Volunteer coach may be sued for death after concussion
A volunteer coach of a high school football team may be sued for damages following the death of a player after he had suffered a concussion. The Supreme Court of Washington has reversed both a trial court and an appellate court in holding that a new state law mandating precautions after a player suffers a concussion implied a private right of action, and in holding that the coach was not protected by the state’s volunteer protection law because the family pled facts that could be considered gross negligence or recklessness.
Mastercard may limit contribution to charity
From 2011 to 2015, Mastercard International advertised nationally that it would donate a penny to Stand Up to Cancer for each credit or debit card transaction of at least $10 in a U.S. restaurant, up to a specified end date or whenever Mastercard reached its $4 million maximum donation limit.