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New Jersey Retaliation Law
 
John Mooney v. Atlantic City, New Jersey

Former Atlantic City Police Chief John Mooney sued the City of Atlantic City, New Jersey on a retaliation theory claiming that he was demoted after trying to blow the whistle on misconduct. He claimed that the City violated New Jersey's whistleblower protection provisions when it sought to demote him. Mooney retired in 2004 after 37 years of service.

Plaintiff also claimed that Mayor Lor... More...
   $3000000 (10-17-2013 - NJ)

Anthony Araujo v. New Jersey Transit Rail Operations, Inc.

Anthony Araujo filed a complaint in the United States District Court for the District of New Jersey alleging that he was disciplined by New Jersey Transit Rail Operations, Inc. (“NJT”) in retaliation for his participation in an activity protected by the Federal Rail Safety Act, 49 U.S.C. § 20109 (“FRSA”). Specifically, Araujo reported an emotional injury after he witnessed a fatal acciden... More...   $0 (02-19-2013 - NJ)

Steven J. Winters v. North Hudson Regional Fire and Rescure

In this matter, we consider whether a plaintiff, who was removed from public employment after positing a claim of employer retaliation in a civil service disciplinary proceeding, should be barred from seeking to circumvent that discipline through a subsequent Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14, action also alleging retaliation. We hold that, under these facts, p... More...   $0 (09-13-2012 - NJ)

Brian Royster v. New Jersey State Police

Retired Detective Sgt. 1st Class Brian Royster, age 48, sued the New Jersey State Police and Superintendent Rick Fluentes on civil rights and retaliation theories claiming that he was retaliated against after complaining the division failed to appropriately investigate claims such as racial discrimination and sexual harassment.

The defenses asserted by Defendants are not available.... More...
   $0 (08-04-2012 - NJ)

David Schmidt v. Celgene Corporation

Plaintiff David Schmidt appeals from the dismissal of a complaint charging his employer, Celgene Corporation, and one of Celgene's customers, CVS/Caremark Corporation (Caremark), with violations of the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14. Schmidt filed the complaint well beyond CEPA's one-year limitation period, N.J.S.A. 34:19-5, while he had a breach of contract ... More...   $0 (05-09-2012 - NJ)

Kim Baldwin v. City of Atlantic City

Former Atlantic City Solicitor Kim Baldwin sued the City of Atlantic City on a wrongful termination theory claiming that she was terminated in retaliation for attempting to collect get $850,000 awared to City Council President William "Speedy" Marsh and former Mayor Lorenzo Langford.

The City denied wrongdoing.... More...
   $1200000 (02-25-2012 - NJ)

Donald J. Trump v. Timothy L. O'Brien, Time Warner Book Group, Inc. and Warner Books, Inc.

Donald Trump, the plaintiff in a suit for defamation, appeals from a Law Division order granting summary judgment to defendants, Timothy O'Brien, the author of TrumpNation, The Art of Being The Donald, and his publishers, Time Warner Book Group, Inc. and Warner Books, Inc.1 On appeal, Trump contends that he produced clear and convincing evidence of actual malice on the part of O'Brien and that iss... More...   $0 (09-13-2011 - NJ)

Roman Cuevas and Jeffrey Cuevas v. Wentworth Group

Roman Cuevas and Jeffrey Cuevas sued Wentworth Group on hostile environment and retaliation theories claiming that they were subjected to racially and ethnically improper insults at the hands of Defendant's executives and were retaliated against by Defendant when they complained. Roman Cuevas was a regional vice-president and Jeffrey Cuevas was a portfolio manager with Defendant which manages com... More...   $2500000 (08-04-2011 - NJ)

Patrick Derosa v. Accredited Home Lenders, Inc.

The Millville Dallas Airmotive Plant Job Loss Notification Act, N.J.S.A. 34:21-1 to -7 (the New Jersey WARN Act or the Act), generally provides that under certain conditions employees are entitled to notice, or alternatively, severance pay, in the event of a transfer or termination of operations, or a mass layoff by an employer. This appeal requires us to consider the novel question of whether the... More...   $0 (06-14-2011 - NJ)

Joseph A. Donelson v. DuPont Chambers Works

A jury determined that DuPont Chambers Works1 (DuPont) violated the Conscientious Employee Protection Act (also referred to as CEPA), N.J.S.A. 34:19-1 to -8, by retaliating against one of its employees, plaintiff John Seddon, for reporting safety concerns about the company’s operation. The retaliatory acts caused Seddon to suffer, in effect, a mental breakdown rendering him unfit for continued e... More...   $0 (06-10-2011 - NJ)

Judith Carrie Rusak v. Ryan Automotive, L.L.C. and Nilesh Kotesha, a/k/a Neil Kotesha

At trial, the jury awarded plaintiff Judith Carrie Rusak compensatory damages based upon defendants' violation of the Law Against Discrimination, N.J.S.A. 10:5-1 to -49 (the LAD). The sole issue presented on appeal is whether the trial judge erred by not submitting plaintiff's punitive damages claim to the jury. Having considered the arguments raised in light of the record and applicable legal sta... More...   $0 (02-08-2011 - NJ)

Lula M. Henry v. New Jersey Department of Human Services

In Montells v. Haynes, 133 N.J. 282 (1993), the Court held that the two-year statute of limitations applies to all claims filed under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49 (LAD), in Superior Court. The complaint must be filed within two years of the date on which the cause of action “accrued.” N.J.S.A. 2A:14-2. Montells, supra, 133 N.J. at 285. In this case we exami... More...   $0 (12-10-2010 - NJ)

Melody Curzi v. Raymond L. Raub, III


The primary issue in this appeal deals with jurisdiction under the Right to Farm Act (Act), N.J.S.A. 4:1C-1 to -10.4, in the context of a private nuisance claim. Defendants Raymond L. Raub, III (Raub) and his wife Gail A. Raub own a 34 acre farm straddling Harmony and Lopatcong Townships in Warren County. In addition to that property, Raub also conducts farming operations on about 120 contigu... More...
   $0 (07-30-2010 - NJ)

Marina Stengart v. Loving Care Agency, Inc.

In the past twenty years, businesses and private citizens alike have embraced the use of computers, electronic communication devices, the Internet, and e-mail. As those and other forms of technology evolve, the line separating business from personal activities can easily blur.

In the modern workplace, for example, occasional, personal use of the Internet is commonplace. Yet that simple ac... More...
   $0 (03-30-2010 - NJ)

Joesph Donelson v. DuPont Chambers Works

This is an appeal by defendant DuPont Chambers Works from the denial of its post-trial motions after a jury awarded DuPont's former employee, plaintiff John Seddon, $724,000 as compensatory damages and $500,000 as punitive damages, based upon the jury's finding of a violation of plaintiff's rights under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8. The entire amount of ... More...   $0 (02-24-2010 - NJ)

Fernando Roa and Lilian Roa v. LAFE and Marino Roa

At issue on this appeal are several questions centering on the operation of the two-year statute of limitations applicable to the antiretaliation provision of New Jersey's Law Against Discrimination (LAD), N.J.S.A. 10:5-12(d). In particular, we are asked to declare whether the statute of limitations bars a retaliation claim based both on an employee's discharge and on a post-discharge retaliatory ... More...   $0 (01-14-2010 - NJ)

Wilman Pinto and Alvaro Vaaquez v. Spectrum Chemicals



Parties to a lawsuit, generally, are free to negotiate the terms of a settlement in the way they see fit. The plaintiff, typically, will discount the maximum value of the case by factoring the probability of an unfavorable verdict and a low damages award. The defendant likely will accept a financial settlement that is worth the risk of averting an unfavorable judgment, a high monetary awar... More...
   $0 (01-21-2010 - NJ)

Asbury Park Press v. County of Monmouth



The Court considers whether the County of Monmouth may withhold public disclosure of its agreement with an employee to settle her sexual harassment and discrimination lawsuit.

In April 2005, Carol Melnick, a Monmouth County employee, filed a lawsuit alleging sexual discrimination, sexual harassment, retaliation and hostile work environment. The complaint named as defendants the Monm... More...
   $0 (01-25-2010 - NJ)

Diane Redvanly v. Automated Data Processing, Inc. and Richard Feeney



Diane Redvanly appeals from a jury verdict of no cause of action in her Conscientious Employee Protection Act (CEPA) claim against her former employer, Automated Data Processing, Inc. (ADP), and her supervisor, ADP Vice President Richard Feeney. Redvanly contends that evidence of her cessation of employment with a prior employer, NYNEX Mobile Communications, Inc. (NYNEX) was inadmissible, ... More...
   $0 (06-02-2009 - NJ)

Robert Bauer v. Galloway Township



In this employment case, plaintiff, Robert A. Bauer, a police officer in Galloway Township, appeals the Law Division's order of March 30, 2007 granting summary judgment to defendants, Galloway Township Police Department ("the Department"), Police Lieutenant Allan Kane ("Lieutenant Kane") and Police Sergeant Norman Meyers ("Sergeant Meyers"). Plaintiff alleges that defendants had engaged in... More...
   $0 (01-05-2009 - NJ)

Kennth Thorson v. PSEG Power, LLC, et al.



Plaintiff Kenneth Thorson appeals from the order of February 15, 2006, granting summary judgment to defendants PSEG Power, LLC, PSEG Services Corp., and Public Service Enterprise Group (PSEG), and dismissing the complaint. We reverse.

The facts set forth by plaintiff in opposition to summary judgment are as follows. Plaintiff began employment with PSEG in August 1971 and worked as a... More...
   $0 (01-09-2009 - NJ)

Grant Spinks, et al. v. The Township of Clinton, et al.

Plaintiffs Grant Spinks, Robert Kovacs, and Michael Exley appeal from two orders entered on March 27, 2006, granting summary judgment to defendant The Township of Clinton (Clinton) and defendant Stephen Clancy (Clancy) dismissing plaintiffs' complaint in its entirety. Plaintiffs' complaint alleged retaliation by defendants in violation of plaintiffs' civil rights pursuant to 42 U.S.C.A. § 1983 an... More...   $0 (09-11-2008 - NJ)

Jason Cutler v. Theodore Dorn, Robert Shreve and Borough of Haddonfield

This appeal involves a claim brought under the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, by a Jewish police officer who alleged that he was subjected to a hostile work environment based on his religion and ancestry. The principle issue before us is whether the trial court erred in denying a motion for involuntary dismissal and allowing the claim to be decided by the jury. The jury ... More...   $0 (08-05-2008 - NJ)

Robert Still v. Orkin

Robert Still sued Orkin on whistleblower and retaliation theories claiming a violation of the New Jersey Conscientious Employee Protection Act for firing him after he complained of illegal activities on the part of Orkin where he worked. Robert Still, 50, told a regional manager in 2003 that his Pennsauken branch was illegally applying insecticides. Still was fired the next day. Still worked for O... More...   $5112184 (05-10-2008 - NJ)

Mancini v. Township of Teaneck

In Shepherd v. Hunterdon Developmental Center, this Court considered the timeliness of certain employment-discrimination claims within the context of the continuing violation doctrine, an equitable exception to the statute of limitations. 174 N.J. 1 (2002). Within that same framework, we also confirmed that the defense of laches is available to a defendant when a plaintiff, in particular circu... More...   $650000 (05-11-2004 - NJ)

Karol Maw v. Advanced Clinical Communications, Inc.

Plaintiff, Karol Maw, filed this action under the Conscientious Employment Protection Act, N.J.S.A. 34:19-1 to 8 (CEPA), after she was terminated for refusing to execute an employment agreement containing a do-not-compete provision. She claimed that her employer committed impermissible retaliatory action when it terminated her employment because she refused to sign an employment agreement that... More...   $0 (05-11-2004 - NJ)

Victor Hernandez v. Montville Township Board of Education

Following a one-month probationary period, Victor Hernandez was hired by the Montville Township Board of Education (Board) as a full-time night custodian at two of the township's elementary schools in January 1997. For twenty years prior to this job, Hernandez had been employed by Consolidated Edison as a custodian and later as a mechanic. During that employment, Hernandez attended OSHA seminar... More...   $194000 (03-24-2004 - NJ)

Jeanne Savona v. Di Giorgio Corporation

Jeanne Savona was hired by Di Giorgio in July 1998 as a routing clerk. The hiring paperwork, including the job application form and the Employee Handbook, bore unmistakable evidence in plain and simple English that Savona was an "at will" employee; that the Handbook was not a contract of employment; that employees were subject, without limitation, to disciplinary action up to and including ter... More...   $0 (05-06-2003 - NJ)

Calvin Taylor v. International Maytex Tank Terminal Corporation, et al.

These two cases, which we consolidate for the purposes of this opinion, arise from an order for partial summary judgment barring plaintiff from receiving any damages, including compensatory and punitive damages, on any of his claims from March 14, 1997 forward, and a consent order dismissing plaintiff's remaining claims with prejudice followed by an order dismissing a subsequently filed complai... More...   $0 (12-05-2002 - NJ)

Nancy Valez v. City of Jersey City et al.

Plaintiff, Nancy Velez, a former employee of the City of Jersey City (the City), alleges that defendant Arnold Bettinger, a Jersey City councilman, sexually assaulted her on December 1, 1997. On November 10, 1999, she filed a complaint asserting various common law tort claims, as well as a claim for sexual harassment under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49... More...   $0 (03-11-2003 - NJ)

Kathryn Buono et al. v. Michael Scalia et al.

Plaintiffs appeal from a December 7, 2001 summary judgment order dismissing their personal injury complaint. The action was brought on behalf of a child, Kathryn Buono, who was injured when Michael Scalia, then aged five years and nine months, struck her with the bicycle he was riding. Plaintiffs sued Michael on a theory of direct negligence and sued Michael's parents Alphonse and Lisa Scalia o... More...   $0 (03-11-2003 - NJ)

Patrick Cosgrove v. Canford Board of Education, et al.

Plaintiff Patrick Cosgrove appeals from a summary judgment order that dismissed his whistle blower claim under the Conscientious Employee Protection Act (CEPA). His complaint had originally challenged several employment actions taken by the Cranford Board of Education (Board) and supervisory employees and alleged age discrimination in violation of the New Jersey Law Against Discrimination (LAD) as... More...   $0 (01-16-2003 - NJ)

Donald A. Donofry, et ux. v. Autotote Systems, Inc.

This is defendant's appeal from a verdict entered after a bench trial on a whistleblower claim brought under the Conscientious Employees' Protection Act (CEPA), N.J.S.A. 34:19-1 to -8. Plaintiff cross-appeals the dismissal of his punitive damages claim as well as his tort claim against the individual defendant. The primary issues raised by this appeal are the proper burden of proof and the suffici... More...   $0 (09-27-2001 - NJ)

Diane Mancini v. Township of Teaneck, et al.

Plaintiff, Diane Mancini, was the trailblazer by being the first female police officer in Teaneck. This appeal and cross- appeal arise out of her claims of sexual harassment and retaliation by the Teaneck Police Department. Plaintiff filed a sexual harassment and retaliation suit against defendants, Township of Teaneck ("Township"); the Teaneck Police Department ("Department"); Donald Gianno... More...   $625000 (04-03-2002 - NJ)

John Zacharias v. Whatman PLC, et al.

On March 25, 1997, plaintiff John Zacharias filed a complaint in the Superior Court, Law Division, Essex County, alleging that his long-time employer, defendant Whatman P.L.C., had terminated his employment because of his age in contravention of the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to 10:5- 28, specifically 10:5-4. In the four and a half years since, there has been no a... More...   $0 (11-21-2001 - NJ)

SUSAN GERARD and DESMOND GERARD, husband et al. v. CAMDEN COUNTY HEALTH SERVICES CENTER, et al.

Plaintiff, former Assistant Director of Nurses at the Camden County Health Services Center (CCHSC), appeals a summary judgment in favor of CCHSC dismissing her suit brought pursuant to the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8. The motion judge concluded the record was insufficient to establish that the activity she engaged in, to which CCHSC allegedly retaliated,... More...   $0 (03-06-2002 - NJ)

Lois Ann Oakley v. David Wianecki, et al.

Plaintiff, a former Senior Corrections Officer (SCO) with the New Jersey Department of Corrections (DOC), appeals from a summary judgment dismissing her complaint against the DOC and a number of her superior officers and co-workers alleging violations of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -30 (LAD), as well as common law torts, breach of contract and unlawful acts of ret... More...   $0 (11-16-2001 - NJ)

Gerard Cardenas v. Jon Massey

Plaintiff-appellant Gerard Cardenas, a Mexican-American, was hired as of January 29, 1990 as the manager of the Office Systems Unit in the Information Systems Division ("ISD") of New Jersey's Administrative Office of the Courts ("AOC") following the retirement of Joseph Ribsam. Cardenas asserts that through 1989 every manager or supervisor in the ISD was a white non-Hispanic male. Appellee ... More...   $0 (10-16-2001 - NJ)

Gertrude W. Abramson v. William Paterson College of New Jersey

Gertrude Abramson appeals the summary judgment granted to her former employer, William Paterson College ("WPC"),1 against whom she filed hostile work environment, religious discrimination, and unlawful retaliation claims under Title VII and the New Jersey Law Against Discrimination ("NJLAD"). Abramson, former tenure-track Associate Professor in the Department of Curriculum & Instruction ("C... More...   $0 (08-07-2001 - NJ)

Philip J. Lanni v. State of New Jersey

Phillip Lanni has a number of learning disabilities that inhibit his ability to solve problems and to process and understand spoken and written language. Lanni was employed, beginning in October of 1990, by the New Jersey Department of Environmental Protection ("the DEP"). Beginning in 1991, Lanni worked as a radio dispatcher at the DEP. Lanni claims that, during his employment in this capa... More...   $300000 (07-30-2001 - NJ)

 
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