v

Darab N. v. Olivera

(California Court of Appeal) - Affirmed rulings in a custody dispute between parents of a toddler who was born with heroin in her system.




v

Sturm v. Moyer

(California Court of Appeal) - In a case where a creditor sought to collect a judgment, held that California's Uniform Voidable Transactions Act may apply to a fraudulent agreement between spouses to prevent collection of the debt. The debtor's premarital agreement here said that each spouse's earnings and other property acquired during marriage would not become community property.




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Conservatorship of O.B.

(California Court of Appeal) - Affirmed an order establishing a limited conservatorship of the person in a case involving a woman with autism spectrum disorder who objected to the conservatorship and to the appointment of her mother and elder sister as conservators.




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Herriott v. Herriott

(California Court of Appeal) - Affirmed the issuance of mutual restraining orders in a case where a divorced, elderly couple had been involved in a series of incidents. The husband had appealed from the restraining orders.




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Marriage of Oliverez

(California Court of Appeal) - In a marital dissolution case, held that a particular piece of real estate was community property. Reversed the judgment below.




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Eliahu v. Jewish Agency for Israel

(United States Second Circuit) - Held that four divorced men could not proceed with their lawsuit accusing Israeli government officials and others of misconduct in connection with their divorce proceedings and child support orders. Affirmed a dismissal based partly on lack of subject matter jurisdiction and partly on failure to state a claim.




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Molinaro v. Molinaro

(California Court of Appeal) - Held that a domestic violence restraining order could not constitutionally prohibit a husband from posting anything about his divorce case on Facebook. Directed that the provision be stricken from the restraining order as an invalid restraint on speech.




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Look v. Penovatz

(California Court of Appeal) - Held that a father who paid child support did not have to reimburse his ex-wife's new partner for expending funds to care for the child. Affirmed a ruling after a bench trial.




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County of San Diego Department of Child Support Services v. C.P.

(California Court of Appeal) - Held that a father was not entitled to an adjustment in the child support arrears that accrued during his incarceration in federal prison. Vacated the decision below and remanded for further proceedings in this family court matter.




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Miletello v. R M R Mechanical, Inc.

(United States Fifth Circuit) - Held that a deceased man's ex-wife was entitled to a specified portion of his 401(k) retirement account balance. Affirmed a summary judgment ruling, in a dispute between his ex-wife and his widow.




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NY Citizens’ Coalition for Children v Poole

(United States Second Circuit) - Finding that a plaintiff had standing to sue in seeking adequate payment for foster parents and that plaintiff had a right to adequate payments.




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N.T. v. H.T.

(California Court of Appeal) - Held that the trial court used an incorrect legal standard in denying a domestic violence restraining order. Reversed and remanded, clarifying how technical violations of an earlier restraining order should be treated.




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Lugo v. Corona

(California Court of Appeal) - Held that the family court erroneously denied a wife's request for a domestic violence restraining order against her husband. The restraining order could have been entered even though a criminal protective order was already in place.




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Raney v. Cerkueira

(California Court of Appeal) - In a marital dissolution proceeding, addressed whether a written instrument severing a joint tenancy in real property was effective. Affirmed the decision below.




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Greiner v. Keller

(California Court of Appeal) - In a child support matter, addressed whether the father should be ordered to pay for childcare costs so that the mother (the custodial parent) could attend a college program to obtain a paralegal certification. Reversed and remanded with directions to reconsider the mother's request.




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Pangea Capital Management, LLC v. Lakian

(United States Second Circuit) - Affirmed. Defendant is a divorced spouse who holds an interest in property that Plaintiff obtained a judgment lien against the other spouse’s interest. Plaintiff argued that Defendant’s interest was subordinate to Plaintiff’s interest. The trial court held that Defendant’s interest vested upon the entry of the judgment of divorce and that Plaintiff could execute only against the other spouse’s interest.




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Christensen v. Lightbourne

(Supreme Court of California) - Affirmed. The Appeals court held that the current policy of the California Department of Social Services treating court-ordered child support as income and using the same funds twice as income for both the paying household and the receiving household does not violate the Welfare and Institutions Code section 11005.5.




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E.A. v. Gardner

(United States Seventh Circuit) - District court dismissal of lawsuit for lack of standing affirmed, where plaintiff could not show injury was traceable to Defendant. Plaintiff filed suit in federal district court claiming the Illinois Marriage and Dissolution of Marriage Act invalid on constitutional grounds. Lawsuit named as Defendant the psychiatrist who testified, in a previous case, that Plaintiff was trying to turn children against the other parent and recommended sole custody be given to other parent.




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Saada v. Golan

(United States Second Circuit) - Affirmed in part, vacated in part, remanded. The District Court erred in granting a petition to have a child returned to his habitual home of Italy under the Hague Convention. Although it was affirmed that Italy was the child's habitual residence if repatriating him would expose the child to a grave risk of harm the district court isn't necessarily bound to return him.




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S.C. v. G.S.

(California Court of Appeal) - Reverse order. Santa Clara County Department of Child Services brought a motion to adjust father’s child support payments to make up for arrears. The trial court granted the County’s motion but awarded credit to the father for period of incarceration. The County appealed on the grounds that trial court lacked authority to retroactively adjust father’s arrears. The appeals court agreed and reversed in part.




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New York State Citizens’ Coal. For Children v. Poole

(United States Second Circuit) - Denied. In a 6-5 vote, the panel majority declines to rehear the case en banc, holding that the Adoption Assistance and Child Welfare Act of 1980 creates a privately enforceable right for foster parents to sue states for costs related to child care. Five judges dissent.




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Freedom from Religion Foundation, Inc. v. Rodgers

(United States Ninth Circuit) - In a 42 U.S.C. Section 1983 dispute involving the standing of a tax exempt claimant to intervene in a challenge to an unrelated action on the constitutionality of claimed exemptions, IRC sections 107 and 265(a)(6), judgment of the district court denying intervention is affirmed in part and vacated in part because motion to intervene as a matter of right is thwarted by the presumption of adequate representation, where the district court erred in apply an incorrect rule on the issue of permissive intervention.




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Congregational Rabbinical College of Tartikov, Inc. v. Town of Ramapo

(Court of Appeals of New York) - In a dispute arising from the revocation of plaintiff's religious tax exempt status, RPTL section 420-a (1)(a), judgment of the appellate division reversing revocation is affirmed, because defendant-township failed to prove its burden that the subject property is now subject to taxation where the sole use of the property has been the operation of a summer camp with a religious curriculum.




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Estate of Petter v. Commissioner of Internal Revenue

(United States Ninth Circuit) - In a dispute involving the scope of Treasury Regulation section 25.2522(c)-3(b)(1) and arising from the transfer of membership units in an LLC partly as a gift and partly by sale to two trusts with simultaneous gifts of LLC units to two charitable foundations under a reallocation clause, judgment of the trial court is affirmed where Section 25.2522(c)-3(b)(1), upon trigger of the reallocation clause, does not bar a charitable deduction equal to the value of the additional units the foundations will receive.




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US v. Muntasser

(United States First Circuit) - In a joint appeal from a judgment of the district court arising from the criminal prosecution of defendants for tax evasion and related charges and involving allegations of defendants' use of charitable donations to finance an Islamic jihadist group, convictions and sentencing are reversed with respect to the court's overturn of the jury's conviction on the conspiracy counts, and affirmed with respect to all other convictions.




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Kennedy v. St. Joseph's Ministries, Inc.

(United States Fourth Circuit) - In an interlocutory appeal from a judgment of the district court denying defendant's motion for summary judgment in a Title VII complaint alleging religious discrimination, judgment is reversed where the plain language of 42 U.S.C. section 2000e-1(a) bars plaintiff's claims.




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Behrmann v. National Heritage Foundation, Inc.

(United States Fourth Circuit) - District Court affirmance of bankruptcy court order confirming Chapter 11 reorganization plan of nonprofit public charity is vacated and case remanded where: 1) bankruptcy court did not make specific factual findings explaining why it approved and included certain release, injunction, and exculpation provisions applicable to nondebtors; and 2) appeal was not equitably moot.




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Blaudziunas v. Edward Cardinal Egan

(Court of Appeals of New York) - In an appeal from a judgment of the appellate division affirming the dismissal of plaintiff's action to enjoin demolition of a church building, judgment is affirmed because Section 5 of the Religious Corporations Law vests approval authority for all actions taken by the trustees of an incorporated Catholic church in the archbishop or bishop of the diocese to which that church belongs, and therefore does not require that the demolition of the church be authorized by the parishioners.




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Regional Economic Community Action Program, Inc. v. Enlarged City School District of Middletown

(Court of Appeals of New York) - In a tax-exempt charitable organization's action against a school district seeking to recoup erroneously paid taxes, summary judgment in favor of the school district is affirmed, where: 1) the school district was entitled to rely on the one-year statute of limitations in Education Law section 3813(2-b) rather than the general six-year period for contract actions; and 2) the taxpayer's cause of action for money had and received accrued when it paid the taxes, which was more than one year before it filed suit.




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Ocean Pines Ass'n, Inc. v. Comm'r of Internal Revenue

(United States Fourth Circuit) - On petition for a redetermination of federal income tax deficiencies brought by a 501(c)(4) nonprofit homeowners association, the Tax Court's ruling against the association is affirmed, where the net income derived by the association from its parking lots and beach club benefitted the private interests of the association members rather than the general public, and therefore was not "substantially related" to the association's purpose of promoting social welfare, but rather was taxable as "unrelated business taxable income" under IRC sections 511-513.



  • Property Law & Real Estate
  • Tax Law
  • Tax-exempt Organizations

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Minorty Television Project, Inc. v. Federal Communications Comm'n

(United States Ninth Circuit) - In a challenge to federal statutory restrictions on certain types of advertising by public broadcast TV stations, the district court's grant of summary judgment to the FCC is: 1) affirmed in part, where 47 U.S.C. section 399b(a)(1), restricting paid advertisements for goods and services on behalf of for-profit corporations, was not an unconstitutional speech restriction under the intermediate scrutiny standard; 2) reversed in part, where sections 399b(a)(2) and (3), restricting public-issue advertisements and political advertisements, were unconstitutional speech restrictions under intermediate scrutiny, as there was no evidence of harm to a substantial governmental interest.




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Ralphs Grocery Co. v. Missionary Church of the Disciples of Jesus Christ

(California Court of Appeal) - In a trespass suit brought by a grocery store against a church soliciting donations in front of the store, summary judgment in favor of the store is affirmed, where: 1) the church's solicitation was not protected by In re Lane (1969) 71 Cal.2d 872, because there was no relation between the church's expressive activities and the store's location; and 2) the church did not contend or present evidence to establish that the store or the sidewalk in front was a public forum within the meaning of Robins v. Pruneyard Shopping Center (1979) 23 Cal.3d 899.




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Veterans for Common Sense v. Shinseki

(United States Ninth Circuit) - In a suit brought by two nonprofit veterans organizations against the Department of Veterans Affairs, the Ninth Circuit en banc holds: 1) the district court lacked jurisdiction to reach the plaintiffs' statutory and due process challenges to alleged delays in the provision of mental health care and to the absence of procedures to challenge such delays; 2) the district court lacked jurisdiction to reach the plaintiffs' claims related to delays in the adjudication of service-related disability benefits; 3) the district court had jurisdiction to consider the plaintiffs' challenges to the alleged inadequacy of the procedures at the regional office level; and 4) the district court properly exercised that jurisdiction to deny the plaintiffs' claim on the merits.




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The Real Truth About Abortion v. Federal Election Commission

(United States Fourth Circuit) - In an action by a Virginia non-profit corporation organized under section 527 of the Internal Revenue Code to provide "accurate and truthful information about the public policy positions of Senator Barack Obama," contending that it was "chilled" from posting information about then-Senator Obama because of the vagueness of a Commission regulation, 11 C.F.R. section 100.22(b), and a Commission policy, published at 72 Fed. Reg. 5595 (Feb. 7, 2007), relating to whether plaintiff has to make disclosures or is a "political committee" (PAC), the District Court's judgment is affirmed where: 1) neither the regulation nor policy are unconstitutionally broad and vague in violation of the First and Fifth Amendments; and 2) it correctly applied the "exacting scrutiny" standard applicable to disclosure provisions.




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Headley v. Church of Scientology Int'l

(United States Ninth Circuit) - In a suit by two former ministers against the Church of Scientology claiming they were forced to provide labor in violation of the Trafficking Victims Protection Act, district court's judgment in favor of the defendant is affirmed, as the plaintiffs have not established a genuine issue of fact regarding whether they were victims of forced-labor violations. Moreover, the district court was right to recognize that courts may not scrutinize many aspects of the minister-church relationship in basing its rulings on the ministerial exception.




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Soc'y of the Holy Transfiguration Monastery, Inc. v. Archibishop Gregory of Denver

(United States First Circuit) - In a dispute between two monasteries for copyright infringement of a religious text, district court's judgment in favor of the plaintiff is affirmed, as the plaintiff has established both elements of an infringement claim of actual copying and actionable copying, and all of the defenses set forth by the defendant are without merit.




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Fortress Bible Church v. Feiner

(United States Second Circuit) - In plaintiffs' suit alleging violations of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) over a longstanding land-use dispute to build a church and a school, district court's judgment is affirmed where: 1) the town violated the Church's rights under RLUIPA; 2) the town lacked a rational basis for delaying and denying the church's project and therefore violated the church's Free Exercise rights; 3) the church has adequately established a class-of-one Equal Protection claim; and 4) the district court's injunction was specifically tailored to the injury the church had suffered and did not exceed the district court's discretion.




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Ruiz-Diaz v. US

(United States Ninth Circuit) - In a suit brought by non-citizen religious workers and their employers challenging a Justice Department regulation governing the process by which religious workers can apply for adjustment of status pursuant to 18 U.S.C. section 1255(a), judgment of the district court is affirmed where: 1) the regulation does not impose a substantial burden on plaintiffs' exercise of religion and therefore does not violate the Religious Freedom Restoration Act; 2) the regulation does not violate Equal Protection principles because it does not target any religious group, but rather, the regulation affects all members of the fourth-preference visa category who have been admitted on employment-based visas; and 3) there is no violation of plaintiffs' due process rights because the regulation does not bar religious workers from applying for adjustment of status.




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Lefemine v. Wideman

(United States Supreme Court) - In plaintiffs' section 1983 suit against several police officers alleging that the prohibition of carrying pictures of aborted fetuses during their demonstrations violated their First Amendment rights, the Fourth Circuit's judgment affirming the district court's grant of plaintiffs' motion for a permanent injunction but denial of attorney's fees, on the ground that plaintiff is not a prevailing party because he did not secure monetary damages, is vacated and remanded where a plaintiff "prevails" when actual relief on the merits of his claim materially alters the legal relationship between the parties by modifying the defendant's behavior in a way that directly benefits the plaintiff. Here, the injunction ordered the defendant officials to change their behavior in a way that directly benefited the plaintiff.




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Mount Hope Church v. Bash Back!

(United States Ninth Circuit) - In a religious organization's suit against a subdivision of a national anarchist group under the federal Freedom of Access to Clinic Entrances Act and common law trespass, district court's sanction order granting attorneys' fees and costs to non-parties, which followed the quashing of a subpoena seeking identifying information for seven e-mail account holders, is reversed where Rule 45(c)(1) cannot properly support a sanction where the cost of complying with the subpoena is minimal and there is no showing that the subpoena was facially defective or issued in bad faith.




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Cannan Taiwanese Christian Church v. All World Mission Ministries

(California Court of Appeal) - In an unlawful detainer action between two non-profit religious organizations, trial court's order compelling defendant's pastor, who was not a party to the action, to sign the written settlement agreement in his individual capacity, is reversed and remanded where: 1) the parties' oral settlement agreement did not require the pastor to release any personal claims against the plaintiff or sign a written agreement purportedly conforming to the oral settlement in his individual capacity; and 2) the trial court lacked jurisdiction over the pastor.



  • Contracts
  • Dispute Resolution & Arbitration
  • Property Law & Real Estate
  • Tax-exempt Organizations

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Hagman v. Meher Mount Corporation

(California Court of Appeal) - Judgment quieting title of disputed property to plaintiff is affirmed, where: 1) defendant nonprofit religious organization's status as a "public benefit corporation" does not make it a "public entity" immune from adverse possession under Civil Code section 1007; 2) a nonprofit religious organization's "welfare exemption" from property taxes means that no such taxes were "levied and assessed" on the property during the years it qualified for the exemption; and thus, 3) under the plain and binding language of Code of Civil Procedure Code section 325, the adverse possessor is consequently excused from the usual requirement that he pay taxes on the disputed land for five years.



  • Property Law & Real Estate
  • Tax Law
  • Tax-exempt Organizations

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In the Matter of State of Merry-Go-Round Playhouse, Inc. v. Assessor of City of Auburn

(Court of Appeals of New York) - In this case, petitioner, a not-for-profit theater corporation, filed applications for real property tax exemptions with respondent assessor and was denied. Petitioner then commenced this RPTL article 7 proceeding for review of its tax assessments. Order of the Appellate Division granting the petition is affirmed, where: 1) the statute does not elevate one exempt purpose over another, and under the circumstances, the use of property to provide staff housing is reasonable incidental to petitioner's primary purpose of encouraging appreciation of the arts through theater; and 2) petitioner has demonstrated that it is entitled to an RPTL 420-a tax exemption.



  • Property Law & Real Estate
  • Tax Law
  • Tax-exempt Organizations

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In the Matter of State of Maetreum of Cybele, Magna Mater, Inc. v. McCoy

(Court of Appeals of New York) - In this case, petitioner, a not-for-profit religious corporation that owns real property, commenced proceedings pursuant to CPLR article 78 and RPTL article 7 after respondent Board of Assessment and Review for the Town of Catskill refused petitioner's applications for tax-exempt status pursuant to RPTL 420-a. The Appellate Division's grant of the petitions is affirmed, where petitioner adequately established its entitled to the RPTL 420-a exemption, as the proof at trial established that petitioner "exclusively" utilized the property in furtherance of its religious and charitable purposes.



  • Property Law & Real Estate
  • Tax Law
  • Tax-exempt Organizations

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City of Spokane v. Federal National Mortgage Association

(United States Ninth Circuit) - In this case, the district court's judgment in favor of defendants Federal National Mortgage Association and Federal Home Loan Mortgage Corporation, finding them statutorily exempt from state and local taxation of real property transfers and finding that Congress had the constitutional authority to exempt defendants from such taxation, is affirmed, where: 1) the transfer taxes at issue here are excise taxes, and the statutory carve-outs allowing for taxation of real property encompass only property taxes, not excise taxes; 2) because Congress had power under the Commerce Clause to regulate the secondary mortgage market, it had power under the Necessary and Proper Clause to ensure the preservation of defendant organizations by exempting them from state and local taxes; and 3) the exemptions do not violate the Tenth Amendment.




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Center for Competitive Politics v. Harris

(United States Ninth Circuit) - In an action brought under 45 U.S.C. section 1983, seeking to enjoin the California Attorney General from requiring plaintiff to disclose the names and contributions of the it's "significant donors" on Internal Revenue Form 990 Schedule B, which plaintiff must file with the state in order to maintain its registered status with the Registry of Charitable Trusts, the district court's denial of a preliminary injunction is affirmed where: 1) the disclosure requirement did not injure plaintiff's exercise of the First Amendment rights to freedom of association; and 2) the disclosure requirement is not preempted by Congress for privacy purposes under 26 U.S.C. section 6104, part of the Pension Protection Act of 2006.




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Kim v. True Church Members of Holy Hill Community Church

(California Court of Appeal) - In a dispute between two factions of a church over control of church property, the trial court's judgment is affirmed over meritless claims that it erred: 1) when it found in favor of respondents based on appellants' excommunication from the Holy Hill Community Church (Church) by the Western California Presbytery (WCP); 2) by admitting evidence of events occurring after the cross-complaint was filed; and 3) when it prevented appellants' counsel from cross-examining a representative of the WCP whose testimony was sought by respondents.



  • Tax-exempt Organizations
  • Property Law & Real Estate

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Doe v. Super. Ct.

(California Court of Appeal) - In an action alleging that a church, doing business as a camp, fraudulently concealed information from parents about a camp employee's suspected molestation of their minor daughter at its summer camp, the petition for writ of mandamus is granted because under the facts of this case disclosure of suspected molestation by a camp employee was within the scope of the camp's duty to minor and her parents.



  • Injury & Tort Law
  • Tax-exempt Organizations

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Nat'l Org. for Marriage v. US

(United States Fourth Circuit) - In an action seeking attorneys fees under 26 U.S.C. section 7431(c)(3), following a settlement between the IRS and plaintiff over the disclosure of an unredacted version of plaintiff's donor list, filed as part of plaintiff's required IRS Form 990, the district court's denial of plaintiff's motion for attorneys fees is affirmed where the government's litigation position regarding actual damages was substantially justified under 26 U.S.C. section 7430 (c)(4)(B).




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Am. for Prosperity Found. v. Harris

(United States Ninth Circuit) - In an action brought by two nonprofit organizations challenging the California Attorney General's collection of IRS Form 990 Schedule B forms, containing identifying information for their major donors, under California's Supervision of Trustees and Fundraisers for Charitable Purposes Act, Cal. Gov't Code section 12584, the district court's preliminary injunction for plaintiffs is modified to prohibit making the information public but permit defendant to keep collecting the data for enforcement