# Murphy v. Duquesne University of Holy Ghost

> Supreme Court of Pennsylvania · July 17, 2001 · 565 Pa. 571

URL: https://www.frixlaw.com/law-library/cases/9766387

## Case

- **Full name:** Cornelius F. MURPHY, Jr., Appellant, v. DUQUESNE UNIVERSITY OF THE HOLY GHOST, Appellee
- **Court:** Supreme Court of Pennsylvania
- **Decided:** July 17, 2001
- **Citations:** 565 Pa. 571; 777 A.2d 418; 2001 Pa. LEXIS 1507
- **Precedential status:** Published
- **Opinion:** Concurrence by Zappala
- **Judges:** Zappala, Flaherty, Cappy, Castille, Saylor, Nigro, Madame, Newman
- **Cited by:** 356 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9766387

## How later opinions describe it (automated extraction)

- holding that collateral estoppel applies when the issue decided in the prior adjudication was identical with the one presented in the later action; there was a final judgment on the merits; the party against whom the plea is asserted was a party or in privity with a party to t…
- finding, without referencing Section 205 of the Restatement, that parties to an employment contract had to perform their contractual duties (relating to an internal review process) in good faith prior to a professor's forfeiture of tenure
- noting that it would be unreasonable to believe that an employment contract intended that a carefully elaborated procedure for termination of a tenured professor could be completely circumvented by the filing of a civil action
- explaining duty of good faith is “tied specifically to and is not separate from the duties a contract imposes on the parties”
- emphasizing that the entire contract must be considered to ascertain the parties’ intent, and that extrinsic evidence may only be considered to determine intent when there is an ambiguity

## Opinion text

Justice ZAPPALA,
Concurring.
I find that the resolution of the issues presented in this case is controlled by our decision in Baker v. Lafayette College, 516 Pa. 291 , 532 A.2d 399 (1987), and would affirm the order of the Superior Court on that basis. '

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9766387. Public record. Not legal advice.