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Court Says Minister's Breach of Contract Claim Might Be Able To Proceed

By Howard M. Friedman

In Mundie v. Christ United Church of Christ, (PA Super, Dec. 31, 2009), a Pennsylvania appellate court refused to dismiss at this stage of the litigation a breach of contract lawsuit by a pastor who had been terminated by his congregation's Consistory. The trial court, accepting defendant's First Amendment argument, had held it lacked jurisdiction because the dispute was ecclesiastical in nature. The appellate court, however, held that plaintiff should first be given an opportunity to show that he can prove his case without resort to evidence that would excessively entangle the court with church matters.

Full post as published by Religion Clause on January 05, 2010 (boomark / email).