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Former Directors Lack Standing For Declaratory Action to Contest Election

Former Directors Lack Standing For Declaratory Action to Contest Election

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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