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New Jersey Retaliation Law

Don Karms and Robert Parker v. Kathleen Shanahan, Sandra McKeon Crow and New Jersey Transit

District of New Jersey Federal Courthouses

Don Karns and Robert Parker filed civil rights actions against the New Jersey Transit Corporation (“NJ Transit”) and NJ Transit Officers Kathleen Shanahan and Sandra McKeon Crowe in their official and individual capacities, alleging violations of the First, Fourth, and Fourteenth Amendments. Officers Shanahan and Crowe arrested Karns and Parker for defiant trespass and obstruction of justice after... More...   $0 (01-14-2018 - NJ)

Michelle Moody v. Atlantic City Board of Education

Third Circuit Court of Appeals - Philadelphia, Pennsylvania

Michelle Moody sued the Atlantic City Board of Education (“Board”) for sexual harassment and retaliation pursuant to Title VII, 42 U.S.C. §§ 2000e-2(a)(1), 3(a), and the New Jersey Law Against Discrimination (“NJLAD”), N.J. Stat. Ann. §§ 10:5-12(a), (d). The District Court granted summary judgment to the Board, finding that the alleged harasser, Maurice Marshall, was not Moody’s supervisor. Becaus... More...   $0 (09-12-2017 - NJ)

United States of America, ex rel. Andre Petras v. Simparel, Inc., et al.

Andre Petras appeals the District Court’s dismissal of
his reverse False Claims Act suit against his former employer,
Simparel, Inc.; David Roth, Simparel’s founder and Chief
Technology Officer; and Ron Grilli, Simparel’s Chief
Executive Officer (collectively, “the Simparel defendants”).2
Petras initially alleged a reverse FCA claim3 and
retaliation claim4 under the False C... More...
   $0 (05-18-2017 - NJ)


A.M. has known defendant since she was four years old. A.M.'s
family and defendant's family enjoyed a close relationship, and
both families were active in their local church, where defendant
served as associate pastor at the time of his arrest.
The accusations came to light on November 30, 2009, when A.M.
reported her past sexual relationship with defendant to the ... More...
   $0 (02-24-2017 - NJ)


Prior to trial, the court conducted a hearing pursuant to
State v. Michaels, 136 N.J. 299 (1994), to exclude Zelda's
recorded statements to a Massachusetts social services worker
and a Salem County, New Jersey prosecutor's office investigator.
The court also held a pre-trial Rule 104(a) hearing on the
admissibility of statements by Zelda to her mother, A.D., and to
h... More...
   $0 (01-03-2017 - NJ)


Following a jury trial, defendant was convicted of first
degree kidnapping, N.J.S.A. 2C:13-1(b); two counts of fourth
degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(d); two
counts of third-degree possession of a weapon for an unlawful
purpose, N.J.S.A. 2C:39-4(d); third-degree terroristic threats,
N.J.S.A. 2C:12-3(b); third-degree criminal restraint, N.J.S.A.
... More...
   $0 (12-17-2016 - NJ)

Ramon Cuevas v. Wentworth Group

Wentworth is a property-management company, and the
Wentworth Group is the parent entity. Michael Mendillo was the
president and chief executive officer of Wentworth and the owner
of the Wentworth Group. In May 2005, Mendillo hired Ramon to
serve as one of Wentworth’s regional vice presidents -- the only
one of Hispanic descent. In that role, Ramon managed high-rise More...
   $0 (09-21-2016 - NJ)

Salvatore Puglia v. Elk Pipeline, Inc.

New Jersey has a significant body of statutory and
decisional law protecting employee rights -- protections that
exist whether the employee is a union member or not. Among
those are wage and hour and whistleblower protections. Facts
that can give rise to a violation of those state-law protections
can often (for union workers) also give rise to a claim based on
a col... More...
   $0 (08-16-2016 - NJ)


New Jersey provides a broad range of discovery to an
accused in a criminal case under Rule 3:13-3. This open-file
approach is intended to ensure fair and just trials. Here, the
issue is not whether defendants have a right to discovery of the
prosecutor’s file in their case, but whether they have a right
to discovery of the files in unrelated cases involving the same
... More...
   $0 (06-29-2016 - NJ)


Defendant Jererad Hollaway was charged with first-degree
murder, N.J.S.A. 2C:11-3(a)(1), (2), second-degree possession of
a firearm for an unlawful purpose, N.J.S.A. 2C:39-4(a), and
second-degree unlawful possession of a handgun without a permit,
N.J.S.A. 2C:39-5(b). His first trial resulted in a hung jury.
At the retrial, defendant was acquitted of all charges other More...
   $0 (05-03-2016 - NJ)


Defendant Rolando Terrell appeals from convictions under
two indictments. The first, Indictment No. 09-07-2029, charged
him with numerous crimes regarding the September 8, 2008 arson,
robbery, and murders of four victims. Co-defendant Lester Hayes
was charged in the first fifteen counts of this indictment.1 The
second, Indictment No. 09-07-2032, charged defendant with t... More...
   $0 (05-03-2016 - NJ)


Tried by a jury, defendant Ryan L. Hodge was convicted of
the lesser-included offense of second-degree passion/provocation
manslaughter, N.J.S.A. 2C:11-4(b)(2); second-degree unlawful
possession of a handgun, N.J.S.A. 2C:39-5(b); and third-degree
endangering an injured victim, N.J.S.A. 2C:12-1.2(a).1 On June
27, 2013, he was sentenced to an aggregate thirteen-year term of... More...
   $0 (04-30-2016 - NJ)

Anita Jones v. Dr. Pepper Snapple Group, et al.

The pertinent facts are as follows. Plaintiff was a
temporary employee who worked as a machine operator at
defendant's manufacturing facility from March 2011 to October
2011. She was re-hired as a temporary employee in January 2012
and hired as a permanent employee on February 27, 2012. She
resigned on March 27, 2012.
Plaintiff alleges she was sexually harassed on... More...
   $0 (02-26-2016 - NJ)

Syed Hassan v. City of New York

Plaintiffs appeal the dismissal of their civil-rights suit
against the City of New York (the “City”). They claim to be
targets of a wide-ranging surveillance program that the New
York City Police Department (the “NYPD”) began in the
wake of the September 11, 2001 terrorist attacks (the
“Program”). Plaintiffs allege that the Program is based on the
false and stigmatizing pre... More...
   $0 (10-13-2015 - NJ)

State of New Jersey v. Ivonne Saavedra

In this appeal, we review the trial court’s denial ofdefendant Ivonne Saavedra’s motion to dismiss her indictment for
official misconduct and theft by unlawful taking of public
documents. We also consider defendant’s constitutional and
public policy challenges to the official misconduct and theft
statutes as they apply to her case.
Defendant, an employee of the North Berg... More...
   $0 (06-23-2015 - NJ)

Michael Palko v. City of Edison

New Brunswick, NJ - Retired Edison police captain Michael Palko sued the township of Edison, the township police chief, Thomas Brya, and other officials with political retaliation and age discrimination claiming that he retired in July 2013 after 35 years on the force because "Chief Bryan was gunning for him."

The Defendants admitted that Palko was transferred several times to different c... More...
   $0 (03-11-2015 - NJ)

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)

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