Gerald Christopher Schmitt v. Chantell Marie Grimm

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that the non-profit did not have sufficient control in part because the non-profit could only veto partnership action; the non-profit could not initiate action without the consent of the for-profit entity
• finding that the non-profit did not have sufficient control in part because the non-profit could only veto partnership action; the non- profit could not initiate action without the consent of the for-profit entity
• noting, as a factor suggesting that the non-profit organization lacked control, that the partnership documents did not expressly state that the partnership had a charitable mission
• noting, as a factor suggesting that the non-profit organization lacked control, that the partnership documents did not expressly state that the partnership had a charitable mission
• finding problematic the fact that the partnership was “locked into” a management contract with an affiliate of the for-profit partner, when the contract provided for a 15-year term and the possibility of renewing that term for two additional five-year periods
• “[T]his long-term management contract with an affiliate of [the for-profit entity] is a salient indicator of [the non-profit’s] surrender of effective control over the [partnership’s] operations”

Source: CourtListener parenthetical corpus (CC0).