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

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An unpublished decision yesterday by the New Jersey Appellate Division in Spaceage Consulting Corp.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

Plan Your Departure Carefully: The Arsenal of Available Remedies Against Disloyal Employees in New Jersey

A decision this week from the New Jersey Appellate Division, B&H Securities, Inc. v. Pinkney, A-3741-12T1 (App. Div. Apr. 28, 2015) illustrates just how broad an arsenal of legal relief is available to bring to bear against a…more

Trio of Employment Cases With Broad Implications To Be Decided by New Jersey Supreme Court

New Jersey's Supreme Court has rendered several ground-breaking employment related decisions of late, and is poised to decide three more critical cases that could have lasting impact in the employment context for decades to…more

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
Showing 1-15 of 43 Results
View per page
Page: of 3

70 Grand Avenue
River Edge, NJ 07661, United States

  • 201-343-3434 Ext:.220
  • 201-343-6306

Areas of Practice
  • Appellate Practice
  • Business Torts
  • Class Action
  • Construction Law
  • Labor & Employment Law
  • Litigation
This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.