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December 1-31, 2007

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December 1-31, 2007

December 1-31, 2007

Officer’s Five-Year Employment Contract Violates State Nonprofit Corporation Law
Alabama Court says law and hospital bylaws require directors to elect officers every year, reverses $2 million damage award

Attorney Can’t Collect Fees When Hired by Minority Faction
Corporation is not responsible when President had no real or apparent authority to retain lawyer

Court Lacks “Clear and Convincing” Evidence to Reform Trust Termination
New Uniform Trust Code provision allows courts to review and reform terms of a trust, even if unambiguous

Members May Sue Attorney For Bad Advice to Nonprofit Club
Court refuses to dismiss derivative claim against lawyer, but forces members to arbitrate claim against directors

Nonprofit Law YOU Want to Know
Can we fund charity solely by business profits?

Issues Notes

  • Thursday with the Editor, February 21

To the Point

  • Is it legal to place political literature on parked cars in the church parking lot or place campaign signs on church property?

Lessons from Litigation

  • Is charitable immunity really worth it?
  • Hospital not insured for claim against joint venture

Tax Matters

  • Court disregards “sham” charitable trust
  • Minnesota Court requires gift for charitable exemption

Employment Law

  • Court refuses defamation claim in Catholic school’s request for “understanding” in teacher firing
  • Court protects whistleblower who warned of killer dog

Say That Again

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