In the Documents section at right are links to documents from the class action lawsuit Kaplan vs. Saint Peter's Healthcare System: the original complaint, Saint Peter's motion to dismiss, and the plaintiffs' memorandum in opposition to the motion. Note that the motion and the memorandum are Zip bundles containing multiple PDF files. Note also that in the opposition bundle, the amended versions of Exhibits C and D in the separate files supersede the versions in the file "Memorandum in Opposition." (We tried stripping out the old versions, but this would have resulted in a much larger download.)
The plaintiff's opposition is on multiple fronts which we will not attempt to summarize here (perhaps in a future post). Most interesting, however, is the argument that Saint Peter's claim that the Bishop of Metuchen exercises complete control over SPHS, made under penalty of perjury in accompanying affidavits by SPHS personnel, appears to contradict statements made by Saint Peter's to the IRS (also under penalty of perjury) and Saint Peter's own bylaws. We will convey any new developments about the lawsuit as we get them.
In other news, last week Saint Peter's VP of HR Susan Ballestero sent a letter to plan members regarding the Pension Rights Center's recent memorandum on the IRS ruling, withholding comment citing the active litigation. She also states that Saint Peter's will comply with whatever ruling results from the lawsuit.