Cases We’re Watching

LCW will monitor these cases for developments.

• Cornelius B. Prior, Jr., an alumnus of and donor to the College of Holy Cross is suing the institution in an effort to recoup $21 million, alleging that the University delayed construction on a performing arts center and was not forthcoming in how it used his funds. Prior’s lawsuit alleges that he donated $18 million in 2012 on the condition that Holy Cross develop a performing arts center on campus “without delay.” He then donated another $3 million for a separate project. At the time of the donation, Prior was a Holy Cross trustee. The lawsuit states that the University demanded another $7 million from Prior to complete the facility, which he refused to give. Prior alleged that Holy Cross canceled a concert in his honor in an effort to humiliate him when the performing arts center opened in 2022. Holy Cross stated that the matter is governed by a written pledge agreement that requires resolution through mediation or arbitration.
• A Catholic school hired a librarian for the 2021-2022 school year on a one-year contract. In the spring of 2022, the librarian asked the School’s principal if it had an interest in her returning for a second school year, and the principal said she was “of course” welcome back for another year. The librarian later revealed that she had come out as transgender and was starting the process of transitioning. The principal said the Archdiocese would not support the transition and it would not be possible to continue working for the School. The librarian alleges that she is a member of the Jewish faith and has not been asked, nor is she qualified, to perform any tasks related to the Catholic Church. The librarian has sued the School, alleging violations of the Minnesota Human Rights Act.
• Last year, Harvard University sued Zurich, its excess insurer, for denying coverage to its policy’s $15 million in coverage for the Students for Fair Admission lawsuit because Harvard provided late notice of the underlying lawsuit. The First Circuit ruled that the insurance policies required 90 days’ notice, and Harvard did not provide notice until nearly three years later. LCW previously covered this . Now, Harvard has brought a breach of contract claims against its insurance broker March USA, Inc., blaming Marsh for the belated notification to Zurich. This Court ruled that the breach of contract claims were also too late. The statute of limitations started tolling in January 2016, 90 days after the end of Harvard’s policy with Zurich. Even including a 228-day pandemic-related tolling period, the six-year statute of limitations ran out September 15, 2022, and Harvard’s lawsuit against Marsh was not filed until October 2023.
• Jeffrey Ragan, a math teacher and wrestling coach at Woodward Academy, a private school in Georgia, recently filed a lawsuit against the school. Ragan said that before he joined the school in 2014, he told school officials that he had received a kidney transplant and would need accommodations for periodic medical care. In mid-January 2023, Ragan was hospitalized for a kidney flare-up. In February 2023, he was told that the school would not renew his contract when it expired in July that year. Ragan said the principal told him he needed to resign for health reasons, otherwise he would be fired. When asked why his contract would not be renewed, a human resources director told him, “We don’t need a reason to not renew your contract.” Ragan said he was out on FMLA when the forced resignation occurred, since the doctors told him he would need more than week to recover after spending 11 days in the hospital.