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

Critical Fair Housing Act Case Demonstrates Need to Fill SCOTUS Vacancy

It is no small irony that the Supreme Court of the United States ("SCOTUS") heard oral argument on election day in two consolidated cases that squarely place significant issues of standing under the Fair Housing Act ("FHA")…more


A new decision from the District Court of New Jersey in Nuness v. Simon & Schuster, Inc., Case 1:16-cv-02377-JBS-KMW (D.N.J. Nov. 17, 2016) offers a clear demonstration of how even the most marginal of racial discrimination…more

NJ Supreme Court Outlines 7-Part Test for Forced Expulsion of LLC Member

In the first significant opinion to interpret New Jersey's Revised Uniform Limited Liability Company Act ("RULLCA"), New Jersey's Supreme Court ruled on August 2, 2016 that members of an LLC seeking to expel another member have…more

The Role of Anonymous Complaints In the Workplace In Ordering Psychological Fitness-For-Duty Examinations

A newly published decision from New Jersey's intermediate level appellate court answers a question of first impression in New Jersey: under what circumstances should an employer order a psychological fitness-for-duty…more

Second Circuit Decision Highlights Rift in Case Law Over When Computer Fraud and Abuse Act Can Be Used to Combat Employee Theft of Data

With the proliferation of technology in the modern workplace, employee theft of confidential and proprietary computer data is often involved in non-compete cases. I have written extensively in prior articles on the scope of…more

Compared to What? "Hand Crafted Vodka" and The Continuing Role of Comparator Products in False Advertising Cases

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

N.J. Supreme Court Lessens Burden To Prove Entitlement to Disgorgement In Cases Involving Employee Disloyalty

New Jersey's Supreme Court has rendered another ground breaking decision in the employment and closely-held shareholder context, this one Kaye v. Rosefielde, decided today. In Kaye v. Rosefielde, 432 N.J. Super. 421 (App. Div…more

New Guidance Offered in NJ On the Use of Personal Appearance Standards In The Workplace

A new decision from the New Jersey Appellate Division, Schiavo et al. v. Marina District Development Co. (Simonelli, J.A.D.), released yesterday for publication, offers extensive guidance on when and how to impose personal…more

Skinny Girl Margarita™ Case Shows How Class Certification Can Be Tough to Meet in Third Circuit

A new decision from the federal District of New Jersey, Stewart v. Beam Global Spirits & Wine, Inc. 2015 WL 3613723 (D.N.J. June 5, 2015), demonstrates the hurdles to class certification in the Third Circuit when the New Jersey…more

N.J. Supreme Court Rejects Defense Argument That Whistleblower Law Does Not Protect Watchdogs

Today, New Jersey's Supreme Court has finally put to rest a raging debate in employment law over whether New Jersey's Conscientious Employee Protection Act, N.J.S.A. § 34:19-1 et seq. ("CEPA"), provides protection to employees…more

Second Circuit Decides on Proper Test to be Applied in Wage & Hour Class Actions Stemming from Unpaid Internship Programs

In recent years, the wave of class actions in the United States has included a frontal assault on unpaid internship programs, with plaintiffs’ attorneys securing some successful preliminary results in the Southern District of…more


New Jersey's Supreme Court has rendered a decision in State v. Saavedra, A-68-13 (June 23, 2015) resolving an issue that may have broad implications in the employment arena for employees. The Court had granted leave to appeal…more


A new published decision by the Appellate Division in Dunkley v. S. Coraluzzo Petroleum Transporters, A-3252-12T1 (App. Div. June 24, 2015) has served to reaffirm that Court's prior decision on the showing that must be made for…more

NJ Appellate Court Refuses to Apply Restrictive "Ascertainability" Element at Class Action Certification Stage, Departing from Federal Rule in "Low Value" Consumer Fraud Cases

In recent years product manufacturers, retailers and service providers of all kinds have faced an onslaught of class actions alleging false advertising or other fraudulent schemes in the marketing of consumer products, and a…more

NJ Appellate Court Denies Recovery to Staffing Firm Where It Was Alleged to Have Operated in Violation of Immigration Law and State Law

An unpublished decision yesterday by the New Jersey Appellate Division in Spaceage Consulting Corp. v. Montecastro, A-4936-12T4 and A-5390-12T4 (App. Div. May 6, 2015) illustrates how an employer's right to enforce a…more
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