Litigation Status
What is the current status of the litigation?
On Dec. 12, 2008, Superior Court Judge Maria M. Sypek approved a settlement agreement signed Dec. 9, 2008, by the two parties to end the lawsuit. Judge Sypek's final judgment dismissed all claims and counterclaims arising from the litigation, and ordered plaintiffs and the University to consummate the agreement in accordance with the terms of the settlement, which includes the dissolution of the Robertson Foundation.
On August 1, 2008, Judge Sypek had scheduled a trial date of January 20, 2009, but with the approval of the settlement agreement, there will be no trial.
Judge Sypek was appointed successor to Superior Court Judge Neil H. Shuster, who retired from the bench effective March 1, 2008. On September 24, 2008, the Assignment Judge in Mercer County, Judge Linda R. Feinberg, informed the parties that Judge John Fratto would preside over the trial, but Judge Sypek remained the presiding judge in the pretrial phase of the case.
Prior to the settlement, the previous key action in the case was the October 25, 2007, rulings by Superior Court Judge Neil H. Shuster on several motions for partial summary judgment that Princeton and plaintiffs filed in 2006. The summary judgment decisions issued by Judge Shuster are described in more detail in the next section of this website. See:
- What summary judgment motions did the parties file?
- What was Princeton’s “Sole Beneficiary” motion? How did the court rule?
- What was Princeton’s “Capital Gains” or “Article 11(c)” motion? How did the court rule?
- What was Princeton’s PRINCO motion? How did the court rule?
- What was Princeton’s “laches” motion? How did the court rule?
- What was the Robertsons’ “fiduciary duties” motion? How did the court rule?
After the summary judgment motions were decided, Judge Shuster determined that there were contested issues to be resolved at trial; hence, preparations continued toward trial until the settlement agreement was reached.