Comments on: $25M suit for affair with priest

By: VMS

VMS — Thu, 30 Oct 2008 22:09:04 +0000

The law in this area in NY State is well established. See Marmelstein v. Kehillat New Hempstead

http://www.law.cornell.edu/nyctap/search/display.html?terms=Marmelstein&url=/nyctap/I08_0095.htm

One cannot claim fraud or breach of fiduciary duty; the claim cannot fly.

In any event, the lawyer who took the case should know better, but he’ll find out soon enough.

By: Dirk D

Dirk D — Thu, 30 Oct 2008 20:58:32 +0000

Can she prove the sex wasn’t ordained by God?

By: Ron Miller

Ron Miller — Thu, 30 Oct 2008 19:08:11 +0000

I agree with Mark, it is different because of leverage. But her lawsuit should fail (unless their are other facts) because, in the end, she has to take responsibility for her own actions. Increased leverage or no, her obiigation to do the right thing is unchanged and will almost certatinly prove fatal to her lawsuit.

By: Mark

Mark — Thu, 30 Oct 2008 18:25:21 +0000

I am not a lawyer, but as an MD here is my answer:
Because a priest is not just another person. They are professionals who are given certain priviledges by society, i.e. the secrecy of the confessional, and in exchange are held to a different standard. I think that it would be easy to argue that a priest has more leverage regarding moral decisions than somebody you meet in a bar.

By: nevins

nevins — Thu, 30 Oct 2008 16:52:29 +0000

If two consenting adults both willingly bought into the ‘ordained by god’ line (one throwing the line, the other grabbing it) then how is the court to decide whether their actions were proper?