Jackson v. Stuhlfire

As styled by the named plaintiffs, the complaint was brought by them “On Behalf of Themselves and All Other Fellowship Members,” that is, the membership of the Norfolk Fellowship Foundation, Inc. (NFF). The allegations of the complaint speak to violations of the laws of the Commonwealth (without reference to any specific statute) and of the rights of the membership majority. Damages were sought on behalf of the membership, payable to the NFF. Concluding that the action was a derivative one, the judge allowed the defendants’ motion for summary judgment on the stated bases that the plaintiffs…