The federal District Court in the District of Columbia (Tanya S. Chutkan) has preliminarily enjoined attempted cutbacks in programs to aid students from disadvantaged backgrounds overcome barriers to post-secondary education (the “TRIO programs”).  The Department of Education had stopped the funds on the grounds that they violated the Administration’s statement that programs promoting diversity, equity and inclusion (“DEI”) are against the law.

A Bankruptcy Court in Colorado has refused to confirm a Plan of Reorganization in Bankruptcy when the debtor seeks to use the proceeding to impose new conditions on a 99-year lease. The Plan was proposed by the Aspen Chapel, which had entered into the lease with the Aspen Jewish Congregation. The Congregation objected to confirmation of the Plan.

The Third Circuit Court of Appeals has affirmed a District Court decision holding that the directors of a Florida nonprofit corporation have a fiduciary duty only to the corporation and not to the individual members. (See Nonprofit Issues^®, Vol. XXXV, No. 1)

The federal District Court in Minnesota (John R.

The federal District Court of Minnesota (Patrick Schlitz) has said that Immigration and Customs Enforcement (“ICE”) has violated 96 specific court orders across 74 different cases, according to published reports.  The Chief Judge made the comment in cancelling a contempt hearing for interim head of ICE Todd M. Lyons recently after the agency complied with a court order to release a wrongfully detained person.

The federal District Court in the District of Columbia (Amir H. Ali) has issued a preliminary injunction against the Office of the President and a variety of other federal agencies from using the summary revocation of security clearances to penalize lawyers from representing people adverse to it.  “The Constitution forbids government officials from using their power to retaliate against people for their speech, and that is so even when the speech is critical of the government,” the Court said.

What definition of tax-exempt status applies to determine whether property is exempt from real estate and other taxes when the definition of qualification is changed while the case is pending during litigation?

An appellate court in Virginia has held that the new definition should be considered and that the trial court should reconsider the case pursuant to the Legislative amendment.

A nonprofit school’s agreement to pay a contractor only its insurance proceeds to repair hurricane damage does not vitiate its claim against the insurance company for damages. A federal District Court in Florida has held that the contractor’s willingness to benefit the school does not relieve the carrier of its obligation.