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The Evolving Ministerial Exception to Employment–Related Claims Against Religious Institutions

By Mark Goidell, Esq.
Nassau Lawyer
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Claims of employment discrimination or hostile work environment/harassment in religious affiliated institutions compete against the Free Exercise and Establishment Clauses of the First Amendment. The legal principles guiding this conflict are starting to emerge although much clarity is still required. Mark’s article discusses the current status of the ministerial exception and remaining issues in its application to employment claims.

Printed with permission by the Nassau County Bar Association

The ministerial exception bars discrimination and retaliation claims arising from the employment decision of religious institutions regarding “ministers.” The exception has its genesis in both the Free Exercise Clause and Establishment Clause of the First Amendment: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”1 The Free Exercise Clause safeguards religious institutions’ “right to shape [their] own faith and mission through [their] appointments,” and the Establishment Clause prohibits “government involvement in [ ] ecclesiastical decisions.”2 Together, they “bar the government from interfering with the decision of a religious group to fire one of its ministers.”3

Continue reading “The Evolving Ministerial Exception to Employment–Related Claims Against Religious Institutions”

Northport High School Mock Trial Team Advances to NYS Championship

The Northport High School mock trial team – coached by Mark E. Goidell and David Lazer – will advance to the New York State Mock Trial Championship on May 23-25 after successfully defending its 2019 Suffolk County championship title.

Northport was ready to defend its crown last year, but the competition was cancelled due to the COVID-19 pandemic. This year, the team competed remotely for several weeks before repeating as Suffolk County champs. They will be one of eight teams moving on to the state championship.

The New York State Mock Trial Program

The pandemic has had wide-ranging consequences, including the cancellation of school programs. The Mock Trial competition sponsored by the New York State Bar Association was one such casualty. The defending Suffolk County champions, Northport High School, coached by attorneys Mark Goidell and David Lazer, were prevented by the pandemic from defending their crown. This was extremely disappointing to the team and coaches, but especially painful for the seniors. They were an extremely talented and hard-working group. We wish them much success and good health in college and beyond.

Mark Goidell Volunteers for COVID-19 Research Study at Stony Brook Medicine

Attorney Mark Goidell was the first volunteer to donate convalescent plasma for a pioneering research study at SUNY-Stony Brook Medical School, where researchers are looking to determine if patients hospitalized with COVID-19 can be treated with the blood plasma from those who recovered from the virus. Mr. Goidell and his wife Lynn contracted the virus in early March of this year and fully recovered. After being free of COVID-19 for a few weeks, Mr. Goidell donated his blood plasma twice for the study. Continue reading “Mark Goidell Volunteers for COVID-19 Research Study at Stony Brook Medicine”

The Impaired Attorney and Obligations of Law Firms

By Mark Goidell, Esq.
Nassau Lawyer
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Printed with permission by the Nassau County Bar Association

Your partner is frequently late for appointments, depositions or court appearances, and her absences are mounting. Increasingly, she fails to timely return telephone and email messages. Occasionally, she returns from lunch and you detect the odor of alcohol on her breath. She may be socially isolated and asking others to cover for her. You meet with her and review her files. She promises to improve. A few weeks later, her concerning behaviors reoccur. What are your obligations? What must you do and what should you do? Continue reading “The Impaired Attorney and Obligations of Law Firms”

The Faithless Servant Doctrine

By Mark Goidell, Esq.
Nassau Lawyer
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Printed with permission by the Nassau County Bar Association

One of the most draconian remedies in our jurisprudence arises in claims that employees violate their duty of loyalty to their employers by faithless misconduct. The faithless servant doctrine provides for the forfeiture of employee compensation during the period of disloyalty. “An employee ‘forfeits his right to compensation for serviced rendered by him if he proves disloyal.'” Continue reading

APPELLATE DIVISION CASE UPDATE

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Four of Mark’s cases have recently been decided by appeals courts in the First and Second Judicial Departments. Collectively, they teach lessons in aggressive litigation strategies.

In three of the cases, Mark made pre-answer motions to dismiss the complaints. Each of the motions was successful in the Supreme Court. Two of the three were affirmed on appeal, and the other was reversed.

In one case, Mark successfully appealed a $1.75 million dollar judgment entered against Mark’s client, resulting in the reversal of the judgment and the underlying summary judgment order. Continue reading “APPELLATE DIVISION CASE UPDATE”

The Developing Right to Treatment for Opioid Use Disorder in Jails, Prisons

By Mark Goidell, Esq.
New York Law Journal
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Recent significant legal developments may convince jails and prisons throughout the nation to meaningfully address the opioid and fentanyl epidemic that pervades correctional centers and society in general. A preliminary injunction was granted by a federal district court judge in Massachusetts requiring a county jail to administer methadone to a person entering the institution with opioid use disorder (OUD). Across the nation, a federal district court judge in Oregon approved a multi-million dollar settlement of a wrongful death claim brought by the family of a woman who died in custody without being administered medication or any other treatment for opioid withdrawal. Continue reading “The Developing Right to Treatment for Opioid Use Disorder in Jails, Prisons”

1st Circuit nixes suits against lawyers and auditors of defendants in prior case

By Sheri Qualters
Law.com National Law Journal

Plaintiffs may not proceed with class actions against lawyers and auditors who worked for the defendants in an earlier class action, the U.S. Court of Appeals for the 1st Circuit has ruled.

On Sept. 22, a unanimous panel held that a constructive trust established by the judge in the first action could not reach payments made by the defendants to lawyers and accountants in exchange for services. It also ruled the new class actions were entirely new lawsuits, not enforcement actions for the prior case, and they could not proceed unless the class was certified anew. Continue reading “1st Circuit nixes suits against lawyers and auditors of defendants in prior case”

Successful class can’t get opposing counsel’s fees

By David E. Frank
Massachusetts Lawyer Weekly

A group of plaintiffs who won a $256 million federal fraud judgment could not use its class status to lay claim to the fees earned by the lawyers on the other side of the case, a judge has ruled.

The class of nearly 260,000 plaintiffs, who recovered the award against Cambridge Credit Counseling Corp. in March 2009, argued that the fees collected by two national law firms were subject to a constructive trust entered in the underlying case. Continue reading “Successful class can’t get opposing counsel’s fees”

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20 Year Anniversary

Mark Goidell and his wife Lynn. (Photo Courtesy of Stony Brook Medicine)Mark Goidell Volunteers for COVID-19 Research Study at Stony Brook Medicine
Attorney Mark Goidell was the first volunteer to donate convalescent plasma for a pioneering research study at SUNY-Stony Brook Medical School. Just click on the icon to the right.

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