An appellate court in New York has allowed the state Attorney General to proceed with litigation charging a parent nonprofit corporation and several of its officers and directors with misapplying the surplus funds of a subsidiary for the benefit of other affiliates.  It has reversed a trial court decision that had dismissed the claims.

An individual director of a private foundation that is the remainder beneficiary of a marital trust has no standing to compel an accounting of the trust during its administration, an appellate court in Texas has ruled.  It has ordered a trial court to grant a plea to the jurisdiction and dismiss the director’s claim

A Roman Catholic parish office building has been granted only 50% real estate tax exemption in Pennsylvania.  The state’s Commonwealth Court has affirmed a trial court decision upholding the finding of the county Board of Assessment Appeals.

A federal District Court in Maryland has ruled that top executives of a group of charities providing jobs for people with disabilities are not “fiduciaries” with respect to the group’s Health and Welfare Plan and cannot be held personally liable for alleged breach of fiduciary duty or participation in prohibited transactions. 

A federal District Court in Virginia has refused to remove the bank trustee of a scholarship fund as sought by two individual trustees and has refused to remove the individual trustees as sought by the bank, saying that neither side had shown that the other breached their fiduciary duty or otherwise failed to function properly.  But it has sided with the bank on some substantive issues, including telling the trustees that they could not add conditions to the scholarship grants that are inconsistent with the provisions of the will establishing the fund.