A New Jersey state court has dismissed former Seton Hall University president Joseph Nyre’s long-running whistleblower and retaliation lawsuit against the school, ruling that his 2023 separation agreement released most claims and requires arbitration for any remaining ones.
Judge L. Grace Spencer granted Seton Hall’s motion to dismiss on Feb. 19, finding the contract “unambiguous” and that Nyre’s release barred his core allegations of retaliation, unfair termination, and severance breach. The ruling ends — at least for now — Nyre’s 2024 litigation, which accused university leadership of retaliating after he raised concerns.
“Seton Hall University is pleased with the court’s decision,” a school spokesperson told Law360 Pulse via email Monday. “We remain focused on our educational mission and the success and wellbeing of our entire University community.”
Counsel for Nyre expressed disappointment and said they are reviewing options. “We are currently reviewing the court’s decision, which we believe is incorrect as a matter of both fact and law,” Nyre’s attorneys stated in an email Monday. “However, because the court dismissed the complaint without prejudice, the only issue at this stage is the appropriate forum in which these claims should proceed.”
Nyre left Seton Hall in July 2023 and executed a final release in September that year, waiving all claims against the university. Judge Spencer ruled this eliminated most counts. Nyre argued the contract was voided by Seton Hall’s failure to pay full severance (one monthly payment was short after tax withholdings), but the judge held gross payments — not net — controlled, and the shortfall did not void the entire agreement.
The court further ruled that unreleased claims fall under the agreement’s arbitration clause, even without explicit jury-waiver language. “While the separation agreement lacks the ‘magic words’ of waiver … the absence of the language may not be fatal since both parties were sophisticated and represented by counsel, and the agreement was freely negotiated at arm’s length,” Judge Spencer wrote.
Nyre’s wife alleged sexual harassment by Seton Hall’s former chair on two occasions, but the judge dismissed those claims because she was not a university employee and thus not covered by the New Jersey Law Against Discrimination.
The court also found Nyre’s breach-of-contract allegations (threats of eviction, health insurance cancellation, disparaging comments) lacked sufficient specifics to survive dismissal.
The ruling addresses only part of the ongoing conflict. Seton Hall filed a separate chancery suit against Nyre in February 2025, accusing him of leaking internal documents to media showing current president Joseph Reilly knew of sexual abuse allegations against ex-Cardinal Theodore McCarrick without reporting them — violating Nyre’s employment agreement. Nyre moved to dismiss in January; Seton Hall sought sanctions, calling it “frivolous” and delay-tactic.
Seton Hall is represented by Thomas P. Scrivo, Michael J. Dee, Nicole M. DeMuro, and Adam W. Flannery of O’Toole Scrivo LLC. Nyre is represented by R. Armen McOmber, Matthew A. Luber, William L. Carr, and Austin B. Tobin of McOmber McOmber & Luber PC.
The decision reinforces enforceability of separation agreements in higher education employment disputes, including arbitration clauses and releases, while highlighting limits on retaliation/whistleblower claims when contractual waivers exist.
