Howard University Alumni Lack Standing To Contest Violation of University Bylaws

Court says school is not a charitable trust and amendment of complaint would be futile

When Howard University amended its corporate bylaws during the Covid-19 pandemic, various alumni of the University filed suit to stop the changes.  After 18 months of litigation, the U.S. District Court for the District of Columbia has dismissed the complaint without leave to amend.

Senior center has no obligation to protect member at dance

A nonprofit senior center that provides social events for its members has no obligation to protect a member who is injured when another member fell on her leg during a dance, an appellate court in New York has held.  The Court has reversed a trial court decision and granted summary judgment to the center dismissing the claim.

(c)(3) with over 500 employees not entitled to EAJA fees

A 501(c)(3) nonprofit with more than 500 employees is not entitled to recover attorneys’ fees and expenses from a federal agency under the Equal Access to Justice Act, even though it prevailed in litigation with the agency, the U.S. Court of Federal Claims has held.  The EAJA excludes a nonprofit having more than 500 employees from the definition of a “party” entitled to recover fees, it says.

Statute of limitations dooms claim for board seat

The statute of limitations has doomed a claim for a seat on the board of directors of a California. religious corporation when the claimant had been removed from the board at least 16 years prior to the claim.  An appellate in California has affirmed dismissal of the claim and summary judgment for the corporation denying his status.

Coalition Asks IRS to Require Disclosure Of Charity Board Demographics

More than 140 leaders and organizations submit Open Letter, ask others to support proposal to ask question on Form 990

A Coalition of leaders from the fields of higher education, healthcare, philanthropy, law and nonprofit governance has asked the Internal Revenue Service to require large public charities to make public the composition of their governing boards.

In an Open Letter, the Coalition for Nonprofit Board Diversity Disclosure specifically asks the IRS to include on the annual Form 990 tax return a question about “the gender and racial/ethnic demographics of their boards, based on how board members self-identify.”  It further supports “including LGBTQ+ and disability disclosure.”