Booster club denied interest in school property
The Rutherford Wrestling Club in Murfreesboro Tennessee has no legal interest in a building or equipment it helped fund on public school property. A state trial court and appellate court have denied the Club access when it refused to sign a third party user agreement with the County.
Lawyer Who Was on Board and E.D. of School May Represent Family Suing School
Court says there is no “substantial relationship” between attorney’s prior service and issues involved in current case
An attorney who served on the board of directors and then as Executive Director of a residential school for children with autism is not disqualified from representing a family claiming mistreatment of their child more than 5 years after the lawyer left the school. A federal District Court in California has ruled that there is no “substantial relationship” between his role with the school and the issues of the current litigation. (
No fraud in contribution to find Earhart plane
The Tenth Circuit Court of Appeals has affirmed a decision granting summary judgment against a donor who claimed he was defrauded into making a gift to help find the wreckage of Amelia Earhart’s plane. The Court agreed that there was no misrepresentation of fact.
Instructors deemed employees for unemployment comp
An appellate court in New York has affirmed an Unemployment Insurance Appeal Board determination that instructors at a nonprofit performing arts school are employees for whom the school must make payments for unemployment compensation insurance. Although it said that the evidence would also support a contrary determination, it affirmed the Board on the basis of substantial evidence to justify the decision.
Agency counterclaims against “faithless servant”
When Joel Levy and his wife sued his former employer, the Young Adult Institute (“YAI”), for violations of the Employee Retirement Income Security Act and state law, YAI counterclaimed for damages as a faithless servant and from breach of his fiduciary duty resulting in excessive compensation and government enforcement actions against the agency. A federal District Court in New York City has upheld a Magistrate Judge’s decision denying Levy’s motion to dismiss the counterclaims.
Club Member May Sue Individually To Protest Ouster From Membership
Requirement for multiple plaintiffs to seek equitable remedies does not apply to suit to reclaim membership, court says
A member seeking to restore his membership rights in a nonprofit club in North Dakota may sue individually and does not need others to support his claim, the Supreme Court of North Dakota has ruled. It has reversed a trial court holding that an individual has to meet a threshold number of plaintiffs in order to bring suit. (Marhula v. Grand Forks Curling Club, Supreme Ct. N.D., No.