Application for disability benefits kills ADA claim

A nonprofit hospital employee who applied for disability benefits from Social Security, claiming total disability beginning the day after he was fired, has seen his discrimination claim under the Americans with Disabilities Act dismissed by a federal District Court in New York. 

The MRI technologist’s assertion, without explanation, that he was qualified to perform the essential functions of his job on December 1, 2010, but was completely disabled the following day precluded his ability to claim that he was terminated for discriminatory reasons under the ADA, the Court said.

Princeton must justify tax-exempt status

Princeton University has the burden of justifying its real estate tax-exempt status without relying on a presumption of correctness by the taxing authority, the Tax Court of New Jersey has held in the long-running challenge to its exemption.

Foundation Director May Approve Grant To Charity on Whose Board She Sits

Court throws out challenge by other director who claimed that board was not properly constituted

A federal District Court in Indiana has entirely dismissed a suit brought by the son of the founders of a family foundation who claimed that the foundation’s board was not properly constituted and that grants awarded by the board are unlawful.  He complained particularly about grants to a university on whose board one of the foundation’s directors sits.  (Doermer v. Callen, N.D. IN, No. 2:15-CV-154, 11/9/15.)

Attorney Can’t Send Letter To Directors Represented by Counsel

Sending agency’s board a claim letter violates Rule 4.2 of the Rules of Professional Conduct

An attorney suing a nonprofit agency for the wrongful discharge of his client may not send a claim notice to the entire board of the agency asserting that they could be personally liable for a “false and libelous” counterclaim filed “with malice” against his client.  An appellate court in Connecticut has affirmed a protective order issued by the trial judge preventing the lawyer from having further contact with the directors without the consent of their lawyer.  (