Foundation Director May Bring Derivative Suit Without Prior Demand on Directors
A trial court in North Carolina has refused to dismiss a corporate derivative suit brought by a private foundation director on behalf of the foundation and against the other four directors for breach of fiduciary duty and gross mismanagement. The director is seeking damages for the foundation and removal of the other directors from the board. The defendants had claimed that the director did not meet the requirements of state law to make demands on them before filing the action.
FMLA retaliation claim requires only some motivation by employer
A employee claiming that she was fired in retaliation for taking family medical leave has to prove only that retaliation was a motivating factor in the decision, not that she would not have been terminated “but for” the retaliation, the second Circuit Court of Appeals has ruled. It has reversed a trial court jury trial where the court instructed the jury that it could find for the employee only if it found that she would not have been fired but for the retaliation.
Employee may proceed with FMLA retaliation, ADA claims
An employee of a nonprofit continuing care community has been allowed to proceed with claims for retaliation for seeking family medical leave and disability discrimination. A federal District Court in Pennsylvania has denied the employer’s motion to dismiss.
Donors denied deduction for $145,000 in clothing and furniture
The donors claimed $145,250 in charitable contribution deductions for gifts of clothing and household goods to Goodwill Industries in 2011. They allegedly gave (among other things) 1040 items of boys’ clothing, 811 items of girls’ clothing, 658 items of men’s clothing, and 945 items of women’s clothing, plus 115 chairs, 36 lamps, 22 bookshelves, 20 desks, 20 chests of drawers, 16 bedframes, 14 filing cabinets, and 3153 books.
Ping pong club not exempt from real estate tax
A 501(c)(3) ping pong club is not exempt from real estate tax as a charitable organization, a Magistrate of the Oregon Tax Court, has ruled. He has held that the club did not meet the state’s definition of a charity.