# Courtney v. La Salle University

> Court of Appeals for the Third Circuit · August 26, 1997 · 124 F.3d 499

URL: https://www.frixlaw.com/law-library/cases/9816040

## Case

- **Full name:** Donald J. COURTNEY, Executor and Personal Representative of Robert J. Courtney, Ph.D., Deceased on October 6, 1996, Appellant in Nos. 96-1512 and 96-1867, v. LA SALLE UNIVERSITY, Appellant in No. 96-1865; Charles A. HALPIN, Jr., J.D., Appellant in Nos. 96-1572 and 96-1868, v. LA SALLE UNIVERSITY, Appellant in No. 96-1866
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** August 26, 1997
- **Citations:** 124 F.3d 499; 73 Empl. Prac. Dec. (CCH) 45,284; 74 Fair Empl. Prac. Cas. (BNA) 1332; 1997 U.S. App. LEXIS 24913
- **Opinion:** Concurrence by Scirica
- **Judges:** Becker, Scirica, Schwarzer
- **Cited by:** 7 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/9816040

## Opinion text

SCIRICA, Circuit Judge,
concurring.
I doubt that any party to this lawsuit ever believed that Courtney and Halpin did not have tenured positions at La Salle. Indeed the Pennsylvania Superior Court stated, “Halpin and Courtney were granted tenure according to the conditions set forth in the Faculty Bulletin.” 1 Halpin v. LaSalle Univ., 432 Pa.Super. 476 , 639 A.2d 37, 38 (1994). Whatever else tenure may mean, its essence is protection from termination.
Yet the Pennsylvania Superior Court chose to define tenure here as entitlement to rank only and duration of employment from year to year only. Like Judge Becker I believe their decision was wrong but like Judge Schwarzer I believe we are bound to give it collateral effect.
. The Faculty Handbook provides:
[t]he full-time teacher under contract with tenure may competently expect to hold his/her position until he/she is retired for age or disability or separated for adequate cause under due process or because of financial exigencies of the institution. (AAUP Bul. SM 1964, p. 114).

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9816040. Public record. Not legal advice.