Kevin O'Connor – Peckar & Abramson, P.C.

Compared to What? The Role of Comparator Products in Consumer Fraud False Advertising Class Actions

In recent years product manufacturers have faced an onslaught of class actions alleging false advertising in the marketing of consumer products. Courts in the Third Circuit applying New Jersey's consumer fraud act have held…more

CO-Worker Backlash In the Wake of a Discrimination Complaint Is Not Enough to Sustain a Claim of Retaliation or Constructive Discharge

In yet another common-sense employment decision to be issued by the New Jersey Appellate Division, the Court recognized the limits on vicarious liability of an employer for harassing acts of a non-supervisory employee, as well…more

Closely Watched NJ Whistleblower Case Shows Limits to CEPA in Health Care Setting

In one of two closely-watched New Jersey Supreme Court cases to be decided this year, the Court has rendered an employer-friendly decision which undoubtedly limits the application of New Jersey's whistleblower statute, the…more

The Limits of Quinlan v. Curtiss-Wright: N.J. Appellate Division Rules that Employee Accused of Stealing Confidential Documents May Properly Face Criminal Indictment

When the New Jersey Supreme Court issued its decision in Quinlan v. Curtiss-Wright, 204 N.J. 239 (2010), it spurred much debate among legal commentators about whether the Court had opened a Pandora’s Box and sanctioned employee…more

N.J.’s Supreme Court Weighs In On Proper Measure of Damages under the Consumer Fraud Act and Interrelationship Between “Ascertainable Loss” and “Damages”

In D’Agostino v. Maldonado, 2013 WL 5476857 (Oct. 3, 2013), the New Jersey Supreme Court weighed in on whether the New Jersey Consumer Fraud Act ("CFA") could be triggered by a complex real estate deal between a purported…more
| Civil Remedies, Consumer Protection, Real Estate - Commercial, Real Estate - Residential

Sponsor/Builder Liability Under the New Jersey Consumer Fraud Act

In Belmont Condominium Association, Inc. v. Geibel, 2013 WL 3387636 (App. Div. July 9, 2013), New Jersey’s Appellate Division affirmed in large part a substantial judgment against the sponsor, developer and general contractor of…more
| Civil Procedure, Civil Remedies, Construction Law


Yesterday’s decision by Justice Helen Hoens of the New Jersey Supreme Court in Battaglia v. United Parcel Service, Inc., 2013 WL 3716939 ( July 17, 2013) provides some significant and necessary guidance on the scope of relief…more
| Civil Remedies, Civil Rights, Labor & Employment Law

Whistleblower Claim Predicated on ANA Code of Ethics, "Patient Bill of Rights", and Employee Handbook, Rejected

A newly published decision of the New Jersey Appellate Division, Hitesman v. Bridgeway Inc. (Espinosa, J.A.D.), delivered a welcome decision for employers doing business in the health care industry by carefully scrutinizing a…more
| Health, Labor & Employment Law, Nonprofit Law

Litigating Front Pay Claims

In the words of noted playwright Oscar Wilde, “[i]n this world there are only two tragedies. One is not getting what one wants, and the other is getting it.” When litigating statutory claims of harassment or discrimination,…more
| Labor & Employment Law


In my prior blogs I’ve addressed the legal remedies available to employers when employees violate confidentiality agreements or restrictive covenants, and unfairly compete. A new opinion by Judge Frederic Kessler, P.J. Ch…more
| Civil Remedies, Electronic Discovery, Intellectual Property, Labor & Employment Law

NJ Appellate Division Decision Highlights Gaps in Existing LLC Law in New Jersey and Importance of Having an Operating Agreement

In my prior blogs I’ve addressed the importance of having an operating agreement for any business owner operating as a limited liability company (“LLC”), and have also covered the recent legislative changes in New Jersey with…more
| Business Organizations, Business Torts, Civil Remedies, Commercial Law & Contracts, Construction Law

Sweeping Changes to New Jersey’s LLC Law

The members of any New Jersey company that is currently operating as a limited liability company (“LLC”) should endeavor to fully understand the impact of a law enacted in September 2012, the Revised Uniform Limited Liability…more
| Business Organizations, Business Torts, Commercial Law & Contracts, Construction Law

The Perils of FLSA Misclassification and Limited Role of the Good Faith Defense

In the absence of clear, direct guidance on whether a certain class of employee falls within an exemption to overtime laws, an employer takes a leap of faith in deciding to forego payment of overtime without seeking written…more
| Civil Procedure, Labor & Employment Law

New Case Offers Guidance on Good Faith Defense for Failure to Pay Overtime Under 50% Sales Exemption, As Applied to Auto Mechanics

The New Jersey Appellate Division has rendered an opinion in an area with few precedents to guide employers—how to apply the “good faith defense” in the context of an overtime claim by an auto mechanic where the employer had…more
| Civil Remedies, Labor & Employment Law

Third Circuit Clarifies Standards for FLSA Collective Actions

The Third Circuit Court of Appeals addressed several important issues of first impression in Zavala v. Wal Mart Stores, Inc., 691 F.3d 527 (3d Cir. 2012), further clarifying the two-step process for whether claims can be pursued…more
| Business Torts, Civil Procedure, Commercial Law & Contracts, Labor & Employment Law
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Areas of Practice
  • Appellate Practice
  • Business Torts
  • Class Action
  • Construction Law
  • Labor & Employment Law
  • Litigation
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