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Plaintiff exposure in bringing suit against non-profit Board of Directors

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Bob W

Junior Member
Washington, DC
Several members of a 501(c)(4) are planning on bringing a suit against the Board of Directors for:
- Failure to perform its fiduciary responsibility
- Not providing Member Lists as per Bylaws & DC non-profit code
- Holding questionable elections (disqualifying candidates & revoking memberships).

My question is whether becoming one of a dozen plaintiffs could open me up to any unforeseen fallout (defamation, frivolous lawsuit (BTW, it's not).
I'm more concerned about potential inconvenience or legal fees I could incur by the BoD's potential dilatory reciprocation than a legitimate countersuit.
 


quincy

Senior Member
Washington, DC
Several members of a 501(c)(4) are planning on bringing a suit against the Board of Directors for:
- Failure to perform its fiduciary responsibility
- Not providing Member Lists as per Bylaws & DC non-profit code
- Holding questionable elections (disqualifying candidates & revoking memberships).

My question is whether becoming one of a dozen plaintiffs could open me up to any unforeseen fallout (defamation, frivolous lawsuit (BTW, it's not).
I'm more concerned about potential inconvenience or legal fees I could incur by the BoD's potential dilatory reciprocation than a legitimate countersuit.
If you are asking if, as a plaintiff in a lawsuit, you could in turn be sued by the defendant in that lawsuit, the answer is yes. So could the other eleven plaintiffs.

I suggest that you and the other members of the 501(c)(4) who are planning to file suit against the Board of Directors consult with an attorney in your area to go over the possible fallout, so what might happen is not unforeseen but factors carefully considered prior to suit.
 

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