Hockey league not liable for criminal fight
The New York Court of Appeals has reversed decisions by both a trial court and appellate court and has held that a youth hockey league is not responsible for the criminal conduct of fans who got into a fight after a tournament game for 13-yer-olds. The Court of Appeals has held that the criminal assault on the plaintiff was not a reasonably foreseeable result of any failure to take preventive measures by the league.
Director May Seek Judicial Dissolution Even After Removal From Nonprofit Board
Court says board can’t take action to deny standing and render the law suit moot
The director of a nonprofit corporation seeking a judicial dissolution of the corporation has standing to continue the case even after being removed from the board after filing the complaint, according to the Court of Appeals of Arizona. It has reversed a trial court decision dismissing the case on summary judgment and ordering the plaintiff to pay attorneys fees to the organization. (Workman v. Verde Wellness Center, Ct. of App., AZ, No.
Court denies deduction for unauthorized gift from trust
The Tax Court has denied a charitable contribution deduction for charitable gifts made from a testamentary trust when the trust did not specifically authorize such gifts. The Court reached its decision despite the fact that the trustees had been making such gifts and deducting them periodically for nearly 50 years and had obtained a state probate court judgment that such gifts had been permitted since the inception of the trust.
Harvard students lack standing to challenge endowment
The Appeals Court of Massachusetts has affirmed a trial court decision holding that students at Harvard University lack standing to challenge the university’s endowment investment policy and force it to divest its investments in fossil fuel companies. (See Nonprofit Issues, 4/15.) The Court has agreed that they have no special personal right affected by the investments, and that they have no standing to represent “future generations.”
Board Can’t Bar Director For Breach of Confidentiality
Court says ban from executive sessions would prevent her from performing duties
The board of directors of a nonprofit homeowners’ association may not bar a fellow director from attending executive sessions of the board because she violated confidentiality requests. An appellate court in Arizona has reversed a trial court decision denying the excluded director’s application for a preliminary injunction to overturn the ban. (McNally v. Sun Lakes Homeowners Association, Ct. of App., AZ, No. 1 CA-CV-15-0744, 10/13/16.)