AG May Use Tainted Evidence In ‘Redacted v. Redacted’ Case

PA Supreme Court vacates opinion limiting use of information disclosed by defendant’s attorney

The Pennsylvania Supreme Court has overruled the Commonwealth Court’s opinion in “Redacted v. Redacted” and allowed the state Attorney General to proceed against several charities and their officers using information allegedly disclosed by the charity’s attorney in violation of her obligation to preserve confidentiality.  The Supreme Court has said that evidence should be admitted in the case “based on established evidentiary principles and not the broader Code of Professional Conduct.” 

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.)