News & Analysis as of

Appeals Nonprofits

ArentFox Schiff

Health Care Provider Loses Tax-Exempt Status in Fifth Circuit Decision

ArentFox Schiff on

On October 28, the US Court of Appeals for the Fifth Circuit held that a nonprofit corporation that coordinates health care for privately insured patients does not qualify for tax exemption under Section 501(c)(4) because it...more

Proskauer - Proskauer For Good

Proskauer Prevails in London Benefits Matter

A Proskauer London-based team, consisting of partner Paul Tannenbaum and associates Julia Bihary, Shameelah Khan, and Antonia George, were recently successful in a pro bono personal independence payment (“PIP”) appeal case....more

Pillsbury Winthrop Shaw Pittman LLP

Federal Appeals Court Holds That Nonprofit Foundation’s Race-Based Grant Giving Contest Likely Violates Federal Law

The decision by the Eleventh Circuit Court of Appeals imperils one strategy for remedying societal racial inequities and creates legal risk for many DEI initiatives. A panel of the Eleventh Circuit held that grant programs...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Courts of Appeals Block Two Legal Efforts to Curb DEI Initiatives

Based on First Amendment concerns, the Eleventh Circuit has blocked enforcement of provisions in Florida’s Stop WOKE Act that would restrict mandatory trainings endorsing DEI concepts. The Second Circuit has rejected a...more

Jenner & Block

California Supreme Court Opens Door for Nonprofits to Sue for Anticompetitive Practices

Jenner & Block on

On July 18, 2023, the California Supreme Court held as a matter of first impression that a public interest advocacy organization maintains standing to bring claims under the Unfair Competition Law (“UCL”), if it has incurred...more

Goodwin

Sixth Circuit Does Not Permit Third-Party Releases in Equity Receiverships

Goodwin on

The Sixth Circuit’s recent decision in Digital Media Solutions v. South Univ. of Ohio, 59 F.4th 772 (6th Cir. 2023) provides a cautionary tale about the limitations of federal equity receiverships as a restructuring tool. It...more

Pierce Atwood LLP

Keeping Form Subservient to Substance in Rule 80B (and 80C) Actions

Pierce Atwood LLP on

What is the proper remedy when a party challenges a municipal action under Rule 80B, but the court later determines that this was the wrong procedural vehicle to challenge the municipal action? In Hurricane Island Foundation...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2021 – 2022

A review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels in 2021 and 2022. Governance - Striltschuk v. Hryckowian, 202 A.D.3d 497, 160 N.Y.S.3d 56 (2022) - ...more

Harris Beach PLLC

No Good Deed Should Be Punished: Harris Beach Wins Summary Judgment Under Volunteer Protection Act

Harris Beach PLLC on

In Jeraci v. Cooper et al., 2021 NY Slip Op 03025 (2d Dep’t May 12, 2021), the Appellate Division, Second Department of the New York State Supreme Court affirmed the dismissal of a negligence claim against a defendant who...more

Nilan Johnson Lewis PA

Can Donors Control How A Charitable Endowment is Used? MN Court of Appeals Concludes No

Nilan Johnson Lewis PA on

A recent Minnesota Court of Appeals decision affirmed that funds like endowment funds, held by charitable organizations, will generally be considered gifts and not contracts. Case Background - In 2004 and 2008, Mr....more

Harris Beach PLLC

Must-See Free Speech: Can Public Access Television Refuse to Air Certain Content?

Harris Beach PLLC on

As MuniBlog readers may be aware, public access television airs programs ranging from school district and municipal government meetings to publicly hosted programs. Sometimes a program may offend viewers or be critical of...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Manhattan Community Access Corp. v. Halleck

On June 17, 2019, the United States Supreme Court decided Manhattan Community Access Corp. v. Halleck, No. 17-1702, holding that a private nonprofit corporation that operates the public-access channels on the cable system in...more

Payne & Fears

Key California Employment Law Cases: March 2019

Payne & Fears on

This month’s key employment law cases address the religious organization exemption under Title VII of the Civil Rights Act and arbitration agreements....more

Proskauer - Proskauer For Good

Stopping Witness Tampering by Abusers and Sex Traffickers in Pretrial Detention

Last month, Proskauer filed an amicus brief on behalf of Sanctuary for Families — a leading non-profit organization advocating for victims of domestic violence and sex trafficking —specifically to advocate for allowing...more

Maynard Nexsen

Facing property revaluation? Here’s what you need to know.

Maynard Nexsen on

Twenty-six counties will conduct revaluations of all real estate in January 2019 and property owners — including businesses, nonprofit organizations and individuals — should pay close attention....more

Perkins Coie

Petitioner’s Unreasonable Delay in Preparing the Record in a CEQA Case Justifies Award of Costs to Agency

Perkins Coie on

Where a petitioner in a CEQA case has elected to prepare the administrative record but unreasonably delays such preparation, the defendant agency may be awarded costs for preparing the record.  LandWatch San Luis Obispo Co....more

Bradley Arant Boult Cummings LLP

The 3 Most Important Bid Protest Decisions Of 2018 - Law360

In 2018, three particularly important decisions were issued that will have a significant impact on bid protest law for years to come: Dell Federal Systems LP v. United States, PDS Consultants Inc. v. United States, and Oracle...more

Proskauer - Proskauer For Good

New Jersey Law Against Discrimination Protects Autism Non-Profit in Land Dispute

The New Jersey Appellate Division, in a landmark ruling — Oasis Therapeutic Life Centers, Inc. v. Wade et al., (December 10, 2018) — upheld a real estate purchaser’s right to assert a claim under New Jersey’s Law Against...more

Bowditch & Dewey

Therapeutic and Curative Training Is Not “Educational” Under the Dover Amendment

Bowditch & Dewey on

Deciding that the “primary and predominant” purpose of a behavioral skills program was the treatment of serious mental illness and not the teaching of “core life skills,” the Land Court rejected arguments that the program...more

Latham & Watkins LLP

European Court of Justice Delivers Victory for EU Transparency and Accountability

Latham & Watkins LLP on

Landmark ruling requires the European Commission to disclose impact assessments used as a basis for its legislative decision-making process. The Grand Chamber of the Court of Justice of the European Union recently issued a...more

Kramer Levin Naftalis & Frankel LLP

Eighth Circuit Holds that Non-Profit, Non-Bankrupt Entities are Insulated from Substantive Consolidation

The Bottom Line: The Eighth Circuit affirmed the District Court of Minnesota and the Bankruptcy Court in holding that section 303(a) of the Bankruptcy Code prohibits the substantive consolidation of non-debtor non-profit...more

Sullivan & Worcester

Members of the Berkshire Museum Ask Supreme Judicial Court to Stop Berkshire Museum’s Deaccession Plan

Sullivan & Worcester on

(Boston, MA, February 26, 2018) Sullivan & Worcester LLP clients and Berkshire Museum members James Hatt, Kristin Hatt, and Elizabeth Weinberg filed today a brief with the Supreme Judicial Court of Massachusetts asking the...more

Holland & Knight LLP

Religious Institutions Update: January 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on

Timely Topics - By Shannon B. Hartsfield - The U.S. Department of Health and Human Services (HHS) announced on Jan. 18, 2018, the creation of a new division within its Office for Civil Rights (OCR). OCR is described as...more

Holland & Knight LLP

California Court of Appeal Affirms Case-Ending Sanction in CEQA Lawsuit - Decision Signals Re-Examination of Standing Requirements...

Holland & Knight LLP on

• In Creed-21 v. City of Wildomar et al., the California Court of Appeal, Fourth Appellate District, upheld a lower court's dismissal of a California Environmental Quality Act (CEQA) case filed by a plaintiff's attorney who...more

Sullivan & Worcester

Members of the Berkshire Museum Appeal Ruling on Planned Sale of Critical Pieces of its Collection

Sullivan & Worcester on

Sullivan & Worcester LLP has filed an appeal on behalf of its clients, the members of the Berkshire Museum who sued to enjoin the museum’s sale of 40 works of art and sculpture. The appeal is brought as a result of the...more

35 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide