A judge dismissed former Seton Hall President Dr. Joseph Nyre’s lawsuit against the university on Feb. 20.
The lawsuit, which was filed in February 2024, was dismissed by Judge Louise Grace Spencer on the grounds of “failure to state claim,” meaning even if all factual allegations in a complaint are true, they are insufficient to establish a cause of action.
The two-year battle between SHU and Nyre has been long and complicated.
Nyre served as SHU’s president from 2019 to 2023. During his presidency, he guided SHU through the COVID-19 pandemic and is best remembered by his multi-year strategic plan, “Harvest Our Treasures.” Before he arrived at SHU, Nyre served as university president at Iona College for over eight years.
Following his unexpected departure in July 2023, after a sabbatical year, Nyre filed a lawsuit alleging violations of New Jersey’s Conscientious Employee Protection Act (CEPA) and discrimination and retaliation in violation of New Jersey’s Law Against Discrimination (NJLAD) and of the Separation and General Release Agreement, as reported previously in The Setonian.
Many allegations were aimed at then-chairman of the Board of Regents, Kevin Marino. Nyre’s wife accused him of sexual harassment.
SHU filed a whistleblower lawsuit against Nyre on Feb. 19, 2025, alleging Nyre “illicitly” accessed and distributed confidential documents, forming the basis for a December 2024 Politico report that implicated current SHU President Msgr. Joseph Reilly failed to report sexual abuse in SHU’s seminaries during his time as dean of the Immaculate Conception Seminary School of Theology (ICS).
Despite the dismissal of Nyre’s lawsuit, SHU’s countersuit is still ongoing.
“Seton Hall University is pleased with the Court’s decision,” University Relations said in an email to The Setonian. “We remain focused on our educational mission and the success and wellbeing of our entire University community.”
One of Nyre’s lawyers, Armen McOmber, issued a statement to The Setonian via email:
"On behalf of Dr. and Mrs. Nyre, we respect the role of the judiciary and acknowledge Judge Spencer’s decision. However, we respectfully and unequivocally disagree with the ruling, which we believe is incorrect as a matter of both fact and law. Among other things, we strongly dispute the conclusion that Seton Hall, as a religious institution, is not responsible for claims of sexual harassment involving volunteers and/or employees.
"We are currently reviewing the court’s decision, which dismissed the complaint WITHOUT prejudice. At this stage, [this] is primarily a battle of the appropriate forum in which these claims should proceed. Dr. and Mrs. Nyre remain committed to pursuing every available legal remedy to protect and vindicate their rights. At the end of the day, this is about justice — and about ensuring that no institution, no matter how powerful or prominent, stands beyond accountability under the law."
CORRECTION: An earlier version of this article incorrectly stated that Seton Hall filed a retaliatory whistleblower lawsuit against Dr. Nyre. The article has been updated to reflect that the lawsuit was not factually retaliatory.
Dominique Mercadante is the Editor-in-Chief of The Setonian. She can be reached at dominique.mercadante@student.shu.edu.
