Hunting Club’s Insurance Doesn’t Cover Member’s Shooting of Passerby

Individual recreational outing is not considered activity of the club

The general liability insurance policy of the Northumberland Hunt Club in Virginia provides coverage not only for the Club itself, but also for any of its members “with respect to their liability for [the Club’s] activities or activities they perform on [the Club’s] behalf.”  But the Fourth Circuit Court of Appeals has affirmed a trial court decision holding that it doesn’t provide coverage for a club member who fired at a deer near a public highway and injured a passerby.  (Marks v.

Directors can’t ‘conspire’ to raise dues

The directors of a nonprofit homeowners’ association cannot “conspire” to raise dues and assessments, an appellate court in Alabama has held.  The court has affirmed a trial court dismissal of a claim by another director challenging a dues increase and affirmed the removal of the complaining director but has reversed parts of a counterclaim by the association for damages allegedly caused by the complaining director.

Employee may sue for hostility from subordinates

Can the subordinates of a branch supervisor of a nonprofit welfare services provider create such a hostile work environment that the supervisor has a viable claim against her employer for discrimination based on race, sex, and national origin?

Ponzi scheme trustee may pursue charities

The trustee seeking to recover assets to settle a Ponzi scheme bankruptcy may seek to recover payments to charities despite a retroactive change in the Minnesota Uniform Fraudulent Transfer Act designed to give charities extra protection, the Bankruptcy Court in Minnesota has ruled.  The Court has rejected motions to dismiss claims by the trustee in the Petters bankruptcy to recover payments to three charities that were made pursuant to promissory notes issued by Petters organizations and contributed to the charities by independent donors.

Agency may refuse to hire because of bankruptcy

A private nonprofit agency may refuse to hire a new employee who has recently filed for bankruptcy, despite a provision in the Bankruptcy Code stating that no private employer may discriminate against an individual “with respect to employment” because of a bankruptcy, a federal District Court in Pennsylvania has held.  It has based its decision on a prior case in the Third Circuit Court of Appeals that had enunciated the rule.

Court remands president’s claim of improper ouster

An appellate court in Mississippi has remanded the appeal of a woman who claimed she was improperly ousted as president of a high school alumni association.  The Court said that the record did not contain verified documents on which it could make a decision.

Firing after filing workers’ comp claim not retaliation

The “suspicious timing” of an employee’s termination 48 days after she filed a workers’ compensation claim is not “in and of itself” sufficient to preclude a summary judgment for the employer, an appellate court in Illinois has held.  It has affirmed a trial court’s dismissal of a claim for retaliatory discharge brought by the former employee.

Sentence enhanced for acting on behalf of fake charity

A criminal defendant convicted of aggravated identity theft has lost an attack on a two-level enhancement of his sentence because he pretended to act on behalf of a fake charity.

Jonathan Webster pleaded guilty to stealing hundreds of individual identities with false offers of lending a helping hand.  He had created websites for fake charities and invited recently unemployed people to apply for financial aid.  The Court imposed a 132-month sentence.

Religious Group Ordered to Pay Punitive Damages for Misrepresentation

Court says jury could conclude that false claim that association was a Benedictine monastery was reckless

A religious association that falsely purported to be a Roman Catholic Benedictine monastery has been ordered to pay more than $71,000 in punitive damages to a couple who made substantial payments to the association on the basis of the misrepresentation.  An appellate court in Connecticut has affirmed a trial court decision that also ordered the association to pay more than $207,000 in compensatory damages. (Wagner v.

Religious Order Can’t Prevent Probate Of Nun’s Will Because of Vow of Poverty

Court says Congregation may have claim for breach of contract but vow doesn’t affect validity of the will itself

When Sister George Marie Attea, a long-time professed nun of the Congregation of the Sisters of St. Joseph in Buffalo, NY, died in 2014, she left a will and a probate estate of nearly $2 million, to be divided among her brothers, the husband of her deceased sister, the Congregation, and a number of Catholic charities.