Individual charity director can’t force accounting of trust

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

Church Parish center only partially exempt

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.

Charity execs are not fiduciaries for ERISA Plan

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. 

Scholarship Fund Trustees Fight to Stalemate, Court Prohibits Restrictions on Grants

Individual trustees failed to prove that bank breached its fiduciary duty, bank trustee failed to prove that individuals breached their fiduciary duty

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.

Donors May Sue Fidelity Gift Fund For Dumping Stock After Donation

Court says plaintiffs have standing and have met standards to pursue claims of misrepresentation, breach of contract, negligence

A federal District Court in California has allowed donors of $100 million to a donor advised fund at Fidelity Investments Charitable Gift Fund to proceed with a suit for damages they claimed resulted when, contrary to its representations, Fidelity dumped the gift stock immediately upon receipt and depressed the value of the gift for charitable donation deduction purposes.  The Court has rejected a motion to dismiss the case, holding that the plaintiffs have standing to sue and have adequately alleged causes of action.