DC Court grants preliminary injunction to ABA

A federal District Court in the District of Columbia (Christopher R. Cooper) has granted a preliminary injunction against the Department of Justice in favor of the American Bar Association on the ABA’s claim that contracts were terminated in retaliation for the ABA’s participation in lawsuits and free speech criticizing the Administration for undermining the judiciary and legal profession.

MA court grants TRO for Harvard

The federal District Court in Massachusetts (Allison D. Burroughs) has granted a temporary restraining order against the Department of Homeland Security and others to enjoin them from implementing, instituting, maintaining, or giving effect to the revocation of Harvard’s Student and Exchange Visitor Program certification which allows it to admit foreign students and from giving any force or effect to the Department of Homeland Security’s May 22 Revocation Notice.

Law license does not make attorney a state actor

Section 1983 of Title 42 of the U.S. Code (the Civil Rights Act of 1866) provides a civil remedy against any person who violates a plaintiff’s federal civil rights while acting “under color of state law.”  A group of church members in Indiana sued another group of church members for violation of such civil rights, but had their complaint dismissed because they couldn’t show that any of the defendants was operating “under color of state law.”

National Council of Nonprofits Warns of Threats in Tax Bill

Urges nonprofits to lobby to oppose new limitations and taxes and to push for new charitable giving incentives

The National Council of Nonprofits, which has been in the forefront of challenging the “pauses” and cutbacks in federal contracts for nonprofit organizations under the Trump Administration, has warned of numerous threats to nonprofits in the Tax Bill being considered by the House of Representatives.  It has urged nonprofits to contact their legislators to oppose new taxes and to support new incentives for charitable giving.

MD Court stays DOE letter

A federal District Court in Maryland (Stephanie A. Gallagher) has stayed the U.S. Department of Education from implementing its February 24 “Dear Colleague” letter to educational institutions. The letter requires them to follow the Department’s interpretation of law eliminating diversity, equity and inclusion in their programs. The case was brought by the American Federation of Teachers, its Maryland affiliate, the American Sociological Association, and a public school district in Eugene, OR.

No deduction for gift of cell phone for recycling

Joseph J. Zajac, III had a bad day in the Tax Court when he failed to convince the Court that he was entitled to a series of claimed deductions for personal, business and charitable expenses.  He was denied fully or partially for claims based on proceeds of a settlement claim against a municipality for his allegedly improper weekend incarceration after he was arrested on charges of assault and battery against his wife, for moving expenses, for vehicle expenses and depreciation, for meals, rent and utilities, and for gifts of furniture, clothing and tools to charity.