Church Law & Tax Report
May/June 2017
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Feature Article
The Legal and Moral Case for a Defibrillator
How would you respond if someone suffers cardiac arrest at church?
Articles
Recent Developments
Issues that affect ministers and churches, with Richard R. Hammar
Sexual Misconduct by Clergy, Lay Employees, and Volunteers
Court Dismisses Negligent Supervision Lawsuit in Student Sexual Abuse Case
Case illustrates the importance of "foreseeability" in finding a school or church liable on the basis of negligent supervision for acts of child molestation.
Sexual Misconduct by Clergy, Lay Employees, and Volunteers
Church Found Not Liable in Case of Pastoral Affair
Court concluded that the plaintiff failed to show sufficient evidence of any negligence by the church to warrant a trial.
Personal Injuries on Church Property or During Church Activities
Appeals Court Finds Sufficient Evidence of Negligence in Lawsuit over Missions Trip Death
The court ruled that the mother had produced sufficient evidence of the church's negligence to survive the church's motion for summary judgment.
Freedom of Religion; Marriage
Court Rules Venue Owners Violated Discrimination Laws by Refusing to Host Same-Sex Wedding
Wedding facilities fall comfortably within the broad definition of "place of public accommodation."
Employment Practices
A Tennessee Missions Agency’s Employment Contract Requires Employees’ Lawsuit to Be Resolved on Basis of Virginia Law
The goal of choice-of-law clauses in agreements is to have the most favorable state law apply to a transaction.
Defamation
Victims of Alleged Defamation Can Compel Internet Service Provider to Disclose Anonymous Poster’s Identity
A state appeals court applied a four-part test for an order compelling an Internet Service Provider (ISP) to disclose the identity of anonymous Internet posters.
Charitable Contributions
$65 Million Charitable Contribution Deduction Denied by IRS
Donor not entitled to a charitable contribution deduction because it was unable to meet the strict substantiation requirements
