DAF Sponsor Not Liable For Damages in Liquidating Stock

Court finds Fidelity Gift Fund did not breach contract and was not liable for negligence in sale of gift stock

In a long-anticipated ruling, Fidelity Investments Charitable Gift Fund has been found not liable to the donors to a donor advised fund who claimed that they were damaged significantly when Fidelity sold all 1.9 million donated shares of a thinly-traded company in the last 2.5 hours of trading of the last day of trading in December 2017.  A magistrate judge in a Federal District Court in California has dismissed all of the donors’ claims.

Bankruptcy Stays Suit Against Officeholder of Corporation Sole

Because law is “arcane” and “murky,” Court refuses to impose sanctions on plaintiff who files new case

The Bankruptcy Code provides that all pending or potential claims against the debtor are automatically stayed and may not be pursued when the debtor formally files for bankruptcy protection.  But the law also provides that cases are not stayed against non-debtors, including the individual officers of a bankrupt organization. 

Suspension of membership is not denial of property right

The suspension of membership rights in a voluntary nonprofit association is not a denial of property under the Texas state Constitution, an appellate court in Texas has held.  It has dismissed a plaintiff’s claim that his rights had been denied without due process of law.