Donor Class Action Lawsuit

Memorandum in Support of NRA Foundation Motion to Dismiss

February 19, 2020

Filing Summary

This filing presents the NRA Foundations legal arguments for why Plaintiffs’ lawsuit should be dismissed.

Key Points

  • The NRA Foundation provides three reasons for dismissal: (1) the Plaintiffs lack standing because “a nonprofit corporation’s authority to act may only be challenged by the Attorney General, a director, or member(s) in a derivative proceeding”; (2) the complaint does not include enough particularity to satisfy the pleading rules; and (3) the complaint “does not plausibly allege the elements of … fraud [or] RICO.” (Pg. 2.)
  • The NRA Foundation continues to call the Plaintiffs’ lawsuit “frivolous.” (Pg. 2.)
  • The NRA Foundation argues that Plaintiffs lacks standing because “[c]ourts routinely dismiss cases for lack of standing where … a plaintiff makes an unrestricted charitable gift and then files suit to challenge the administration of those donated funds.” (Pg. 6.) The NRA Foundation characterizes Plaintiffs’ donations as “unrestricted gifts.” (Pg. 7.)