DC Court blocks Trump’s change in name of Kennedy Center
The federal District Court in Washington, D.C. (Christopher R. Cooper) has granted summary judgment on Congresswoman Joyce Beatty’s suit to prohibit the Board of Directors of the “John F. Kennedy Center for the Performing Arts” from changing the name of the Center without the approval of Congress.
9th Circuit affirms anti-DEI preliminary injunction
The 9th Circuit Court of Appeals, in a per curiam opinion, has affirmed a trial court decision issuing a preliminary injunction against the government for terminating federal grants to programs involving diversity, equity, and inclusion principles. The Court held that the plaintiffs had a substantial likelihood of winning on their claims of violation of the First Amendment.
Media Challenge Penn State “Gag Policy” On Trustee Statements
New bylaw provisions restricting Penn State University Trustees’ right to speak freely about issues facing the Board of the University have been challenged from a new perspective.
Trade association can’t lead class action on real estate taxes
The Washington Hospitality Association, a 501(c)(6) trade association representing more than 60 owners of hotel properties in King County, WA, has been unable to win a class action reducing real estate taxes on the properties because of the “natural disaster” of COVID-19.
Waiver and release protects YMCA from liability
A waiver and release from liability resulting from a member’s use of its “facilities” has protected a YMCA in Tennessee from a claim by a member who was injured when a shower seat in a fitness center became unmoored and she was seriously injured.
The member argued that the waiver included as part of the membership application was ambiguous and should be interpreted to exclude her use of the showers, and also that it was overly broad and unenforceable. A trial court granted summary judgment to the Y. The Tennessee Court of Appeals has affirmed.
Contingent Beneficiary Under Will Lacks Standing to Contest Bequest
Herman Stille’s will provided that the remainder of his estate should go “to the Floyd County Memorial Hospital. Charles City, Iowa, for the purpose of establishing a cancer center to serve local area residents if the funds available make such establishment possible.” He spelled out some of the facilities that would be required in the cancer center.
What happens when hotel changes venue of charity gala?
What happens when a charity books its regular black-tie fundraising gala for specific ballroom facilities at a hotel and the hotel moves the event to less attractive space so that it can rent the ballroom to another organization for triple the rental paid by the original charity?
Nonprofit employees are not employees of FEMA
Employees of a nonprofit organization who were paid from a grant from the Federal Emergency Management Agency were not employees of FEMA and could not sue FEMA for violations of the Fair Labor Standards Act when not paid by the nonprofit, the First Circuit Court of Appeals has affirmed.