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WELTER v. SETON HALL UNIVERSITY

128 N.J. 279 (1992)

608 A.2d 206

SISTER MARILYN THERESE WELTER AND SISTER CAROLYN THERESE WELTER, PLAINTIFFS-RESPONDENTS, v. SETON HALL UNIVERSITY, A CORPORATION OF THE STATE OF NEW JERSEY, PHILIP R. PHILLIPS, JOHN J. HAMPTON, WILLIAM BONCHER, AND JACK SHANNON, DEFENDANTS-APPELLANTS, AND GEORGE TZANNETAKIS, DEFENDANT.

The Supreme Court of New Jersey.

Decided June 1, 1992.

Attorney(s) appearing for the Case

Steven Backfisch argued the cause for appellants Seton Hall University, John J. Hampton, and William Boncher (Whipple, Ross & Hirsh, attorneys, Lawrence A. Whipple, Jr., of counsel).

Joseph P. LaSala argued the cause for appellant Jack Shannon (Robinson, Wayne & LaSala, attorneys).

J. Patrick Roche argued the cause for appellant Philip R. Phillips.

Miriam E. Cahn argued the cause for respondents (Eichler, Forgosh, Gottilla & Rudnick, attorneys).

William A. Cambria submitted a brief on behalf of amicus curiae, New Jersey Catholic Conference.

The opinion of the court was delivered by CLIFFORD, J.

Plaintiffs are former nuns who were employed as teachers by defendant Seton Hall University (Seton Hall or the University). The University breached its employment contract when it failed to give plaintiffs terminal-year contracts for the academic year 1983-84. In plaintiffs' action based on that breach, Seton Hall argues that the failure to issue terminal-year contracts "was mandated by Seton Hall's religious...

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