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

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

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
Showing 1-15 of 50 Results
View per page
Page: of 4

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.

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*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. Or, sign up using your email address.