Former Directors Lack Standing For Declaratory Action to Contest Election
Federal court dismisses complaint when plaintiffs failed to file derivative action or allege current or future personal harm
A suit contesting an election at the Association of Philippine Physicians in America Foundation has been dismissed by a federal district court in Kentucky when the plaintiffs did not follow the procedures to bring a derivative action or allege current or future personal harm. ( Pagtakhan-So v. Cueto , E.D. KY, No. 5:14-370, 2/16/16. ) The dispute arose at the annual election in July 2014 when, for the first time since the organization was founded, an election was contested. A member decided to run against the incumbent for the position of chair of the board. The incumbent trustees said the election should be run under a 2004 constitution and bylaws that they said had been approved as an...
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