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Case Citations [i] (Spring 2026)

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                            THE AMERICAN


                              LAW INSTITUTE



                                     Spring 2026 Citations



   CHARITABLE NONPROFIT ORGANIZATIONS



                    CHAPTER 1. DEFINITION AND CHOICE OF FORM

§ 1.01. Definition of a Charity

D.Utah, 2025. Subsec. (a) quot. in ftn. In multidistrict litigation, donors of charitable funds to a church
filed a class action against church and affiliate that served as church's investment manager, alleging,
among  other things, that defendants breached their fiduciary duty to donors by concealing how much
church received in donations and by failing to use the donations to support the charitable purposes that
church identified when soliciting the donations. This court granted defendants' motions to dismiss,
holding that plaintiffs failed to state a claim for breach of fiduciary duty, because plaintiffs were not in a
fiduciary relationship with defendants under Utah law. The court cited Restatement of Charitable
Nonprofit Organizations §§ 1.01, 2.01, and 2.02 in noting that charities were required to act for the
benefit of their charitable purpose rather than the benefit of their donors, and that the Utah Charitable
Solicitations Act did not create a fiduciary relationship between plaintiffs and defendants. In re Church
of Jesus Christ of Latter-Day Saints Tithing Litigation, 785 F.Supp.3d 1009, 1035.



              CHAPTER 2. GOVERNANCE AND MANAGEMENT OF ASSETS

D.Utah, 2025. Ch. 2 cit. generally in ftn. In multidistrict litigation, donors of charitable funds to a
church filed a class action against church and affiliate that served as church's investment manager,
alleging, among other things, that defendants breached their fiduciary duty to donors by concealing how
much  church received in donations and by failing to use the donations to support the charitable purposes
that church identified when soliciting the donations. This court granted defendants' motions to dismiss,
holding that plaintiffs failed to state a claim for breach of fiduciary duty, because plaintiffs were not in a
fiduciary relationship with defendants under Utah law. The court cited the Restatement of Charitable
Nonprofit Organizations in noting that a fiduciary of a charity owed duties of care and loyalty to
advance the charity's purpose, and that there was no legal authority that imposed similar duties with
respect to donors. In re Church of Jesus Christ of Latter-Day Saints Tithing Litigation, 785 F.Supp.3d
1009, 1035.

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