Miltenberg:  “Ex-Seton Hall Prez Fights Amicus Brief In Whistleblower Suit,” Law360

The former president of Seton Hall University who launched a whistleblower suit against the school in New Jersey state court is opposing a bid by a former university board chair and prominent defense attorney to file an amicus curiae brief, saying he has no “special interest” in the “contract dispute.” In an opposition brief filed Thursday, the university’s former president, Joseph E. Nyre, and his wife and co-plaintiff, Kelli L. Nyre, urged the court to reject the bid from Kevin H. Marino to intervene in the whistleblower suit, arguing the dispute does not directly involve allegations against him, contrary to Marino’s claims. Marino, of Marino Tortorella & Boyle PC, is not a party to the suit. Joseph Nyre resigned as university president last year following an embezzlement scandal at Seton Hall University School of Law. He was never accused of being involved in or aware of the scheme, but in his suit, Nyre claimed he was essentially pushed out after Nyre threatened to expose Marino for allegedly interfering in the embezzlement investigation, among other alleged misdeeds. In their suit, first filed in February and amended in March, the Nyres are pursuing various claims of retaliation, sexual harassment, discrimination and breach of contract against the university and its board members. According to the Nyres, the university and its board failed to take action against Marino after the two reported misconduct including sexual harassment and rules violations by the attorney. “There can be no reasoned argument that Mr. Marino has any special interest in a contract dispute related to a contract to which Mr. Marino is not a party,” the Nyres said in their opposition brief. They later added, “Plaintiffs have not asserted any claims against Mr. Marino, which is clear from a plain reading” of the first amended complaint. “Mr. Marino’s efforts to intervene can be described as nothing more than yet another act of reprisal against plaintiffs for having the temerity to bring this lawsuit in the first place,” the Nyres went on. “This dispute centers between the plaintiffs and the named defendants and the failure of the responsible individuals to stop Mr. Marino’s unlawful, retaliatory conduct.” In their suit, the Nyres said Marino kissed Kelli Nyre’s neck at a board dinner without her consent and later, in a separate alleged incident, put his hands on her shoulders and commented in a lascivious tone towards her.” Marino has denied the allegations. In his amicus brief filed in July, he pointed to an investigative report the university commissioned from Karen Agnifilo of Perry Law, which found “no evidence to support” Kelli Nyre’s claims of sexual harassment by Marino … Marino is represented by Christopher S. Porrino and Jarrett R. Schindler of Lowenstein Sandler LLP, Andrew T. Miltenberg of Nesenoff & Miltenberg LLP and John D. Tortorella and John A. Boyle of Marino Tortorella & Boyle PC.

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