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Church Law & Tax Report

May/June 2017
Articles with a Member Access Only are available only to members.

Feature Article

The Legal and Moral Case for a Defibrillator

The Legal and Moral Case for a Defibrillator Member access only

How would you respond if someone suffers cardiac arrest at church?


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 Member access only

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 Member access only

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 Member access only

The court ruled that the mother had produced sufficient evidence of the church's negligence to survive the church's motion for summary judgment.
New York
Freedom of Religion; Marriage

Court Rules Venue Owners Violated Discrimination Laws by Refusing to Host Same-Sex Wedding Member access only

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 Member access only

The goal of choice-of-law clauses in agreements is to have the most favorable state law apply to a transaction.
New Jersey

Victims of Alleged Defamation Can Compel Internet Service Provider to Disclose Anonymous Poster’s Identity  Member access only

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 Member access only

Donor not entitled to a charitable contribution deduction because it was unable to meet the strict substantiation requirements