Appeals court rules Seton Hall University does not have to disclose entirety of sex abuse report

Seton Hall University will not have to fully disclose a report detailing its handling of sex abuse allegations connected to disgraced and deceased former cardinal Theodore McCarrick, a New Jersey appeals court ruled this week.

The school has been battling efforts to force disclosure of the so-called “Latham report,” an investigation commissioned by Seton Hall itself amid fallout surrounding the McCarrick scandal.

New Jersey Judge Avion Benjamin had ordered the school in November 2025 to turn over the Latham report to lawyers representing victims of clergy abuse. The school had previously argued that the report was protected by attorney-client privilege.

In a June 15 ruling, the Superior Court of New Jersey’s appellate division ruled mostly in favor of the school, holding that the relationship between the school and the law firm Latham & Watkins LLP enjoyed a measure of attorney-client protection.

Attorney Gabriel Magee, who represents multiple Church abuse victims as part of consolidated litigation that included suits against Seton Hall, told EWTN News in May that the Latham report was “created for self-critical analysis by Seton Hall” and thus fell outside of the protection of attorney-client privilege or “work-product privilege.”

Yet the appeals court on June 15 held that work-privilege considerations have to be adjudicated on a “case-by-case, fact-specific analysis.” Attorney-client protections, meanwhile, apply to “notes, communications, and other documents” prepared “at the behest of and for” legal counsel.

The school did not respond to a request for comment on June 16 regarding the decision.

The appellate court said one section of the report regarding the university’s sexual harassment policies is “clearly a self-critical analysis” that was “not prepared in anticipation of litigation” and thus could be disclosed as part of legal proceedings.

The judges said that “some materials” in that section could be subject to redactions depending on the subject material.

Magee told EWTN News on June 16 that while plaintiff attorneys “appreciate the appellate division’s ruling that some portions of the Latham report must be produced, we are still digesting the opinion and considering our appeal options with respect to the rest of the decision.”

The Latham report, which has never been made public, is expected to examine whether Monsignor Joseph Reilly, then-rector of Seton Hall’s Immaculate Conception Seminary (and now university president), knew about abuse claims and failed to report them. Reilly was appointed president in 2024.

Meanwhile, Cardinal Joseph Tobin of Newark, New Jersey, in February 2025 ordered an independent review into the controversy.

The prelate said at the time that the review would examine “how the findings of [the earlier reports] relate to Monsignor Joseph Reilly, including whether they were communicated to any and all appropriate personnel at the archdiocese and Seton Hall University and Monsignor Reilly, and if so, by what means and by whom.”

The review is still ongoing, the archdiocese said in May.