Bed bug complaint not basis for retaliation claim

Complaining about bed bugs in a Goodwill store and urging it be closed immediately does not set forth the predicate for a retaliation claim of a fired employee, a federal District Court in Nebraska has held.

The employee sued for age and sex discrimination in violation of state and federal law and for retaliation for opposing an unlawful practice in violation of the state law. Goodwill Industries moved to dismiss the retaliation count of the complaint, and the Court, saying the state law is interpreted in harmony with Title VII of the federal law, has agreed.

Foundation Director May Approve Grant To Organization of Which She Is Also a Director

Other director stays in office after expiration of her term until a successor is selected and qualified

Two children of the founders of a family private foundation don’t seem to see eye-to-eye on the operation of the foundation they now lead following the death of their parents.  The Seventh Circuit Court of Appeals has recently affirmed a District Court decision denying relief to the son who sought to overturn actions taken by his sister.  (See Nonprofit Issues, 1/16.) 

Catholic Hospital Not Covered by ADA, But May Be Sued Under Rehab Act

Patient claims retaliation after objecting to failure to provide adequate communication aid

A federal District Court in Missouri, agreeing with several District Courts in other states, but acting without any Court of Appeals authority, had held that the requirements of the Americans with Disabilities Act do not apply to a Catholic hospital, but that the hospital can be sued for retaliation under the Rehabilitation Act of 1973.

Failure to follow bylaws invalidates corporate action

The failure to follow specific provisions in the bylaws of a church has led to more than six years of litigation and the invalidation of the actions purportedly taken on behalf of the corporation.  The Supreme Court of Idaho has reversed a trial court and held that a new pastor was not properly selected and that a special meeting of members at which new directors were elected was improperly called and ineffective.

IRS lists syndicated conservation easements as tax shelters

The IRS has listed syndicated conservation easement deals as tax shelter transactions that participants must identify to the Service.  It is likely to lead to the loss of claimed deductions for participants in the deals and separate taxes for those who don’t disclose their participation.

Does museum have fiduciary duty to owners of loaned exhibits?

A federal District Court in Illinois has refused to dismiss a claim for breach of fiduciary duty brought by the owner of a high-speed car loaned to the Museum of Science and Industry in Chicago.  The owner claims that the car has been damaged while in the custody of the museum.