Harvard’s Immunity in Morgue Scandal Vexes Massachusetts Justice

A Massachusetts Supreme Judicial Court justice appeared disturbed by the prospect that Harvard University could be immune from litigation over a former morgue manager who sold human remains that were donated to its medical school.

“Harvard can be held responsible if he’s doing something minor, but Harvard is completely off the hook if he’s doing something egregious? There’s something bothersome about that,” Justice Scott Kafker said during oral argument Monday.

Kafker was referencing a tension in case law about holding institutions accountable for the conduct of their employees. Massachusetts precedent suggests employers may only be held vicariously liable for the ...