Attorney Charles H Nave's Legal Cases

Administrative law

Madigan v. Telemarketing Associates

May 05, 2003

OUTCOME: UNANIMOUS DECISION FOR ILLINOIS EX REL. MADIGAN

VietNow National Headquarters, a charitable nonprofit corporation, retained for-profit fundraising telemarketing corporations to solicit donations to aid Vietnam veterans. The contracts provided that t ... he telemarketers would retain 85 percent of the gross receipts from Illinois donors. The Illinois Attorney General filed a complaint in state court, alleging that the telemarketers represented to donors that a significant amount of each dollar donated would be paid over to VietNow for charitable endeavors and that such representations were knowingly deceptive and materially false and constituted a fraud. The trial court granted the telemarketers' motion to dismiss on First Amendment grounds. In affirming, the Illinois Supreme Courts relied on U.S. Supreme Court precedent that held that certain regulations of charitable solicitation barring fees in excess of a prescribed level effectively imposed prior restraints on fundraising and were therefore incompatible with the First Amendment. Question: Does the First Amendment permit a State to maintain fraud actions alleging that fundraisers made false or misleading representations designed to deceive donors about how their donations will be used?

Administrative law

Aid Association for Lutherans v. United States Postal Service

Mar 14, 2003

OUTCOME: Affirmed

Nonprofit organizations challenged Postal Service (USPS) rule that interpreted Postal Reorganization Act’s (PRA) restriction on use of nonprofit third-class postage rate to promote insurance. The Unite ... d States District Court for the District of Columbia granted summary judgment for organizations, and USPS appealed. The Court of Appeals, Harry T. Edwards, Circuit Judge, held that: (1) judicial review was available; (2) scope of review was not confined to inquiring whether challenged rule violated PRA on its face; and (3) USPS had exceeded its authority by extending the statutory prohibition on promotion of insurance ‘‘coverage’’ generally otherwise available to promotion of any insurance ‘‘type’’ generally otherwise available.

Administrative law

American Charities v. Pinellas County

Aug 10, 2000

OUTCOME: Affirmed in part; vacated and remand-ed in part.

Professional fundraising consultants commenced action challenging constitutionality of county ordinance requiring consultants to register with county before performing services for charities soliciting ... within county. On cross-motions for summary judgment, the United States District Court for the Middle District of Florida, No. 97-02058-CIV-T-17B, Elizabeth A. Kovachevich, Chief District Judge, 32 F.Supp.2d 1308, found that consultants lacked standing to assert that ordinance was unconstitutional as applied and that ordinance was not facially unconstitutional. Consultants appealed. The Court of Ap peals held that: (1) consultants had stand ing to assert that ordinance violated due process as applied to them, even before ordinance was enforced, and (2) evidence in record was insufficient to establish that consultants had minimum contacts re quired for county to assert legislative jur isdiction over them consistent with due process.

Charles H Nave's Legal Cases (3)

Madigan v. Telemarketing Associates

Aid Association for Lutherans v. United States Postal Service

American Charities v. Pinellas County