Search Rutgers Law Library N.J. Court Opinions

31 RICHARD J. SMITH v. HUTCHINSON PLUMBING HEATING COOLING -- rank: 651

... the effect of CEPA's statutory election of remedies provision, N.J.S.A. 34:19-8, in considering the motion. Although we reject defendant's assertion ...

docket:	a1646-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-02
status:	unpublished
citation:
Document Size:	53713

32 J.S. v. BOROUGH OF ENGLEWOOD CLIFFS -- rank: 645

... s LAD claims were barred by CEPA's waiver provision, N.J.S.A. 34:19-8, as they were based on the same facts. Defendants also ... for both claims. The court cited CEPA's "waiver exception," N.J.S.A. 34:19-8, and the Court's opinion in Young v. Schering Corp ... State law, rule or regulation or under the common law. [ N.J.S.A. 34:19-8.] The Court in Young explained the provision as follows: [O ...

docket:	a5938-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-18
status:	unpublished
citation:
Document Size:	53727

33 JEWEL E. ELIAS v. RIVER VALE BOARD OF EDUCATION, FRANK R. ALVAREZ, BETTY ANNE -- rank: 642

... filing beyond the statute's forty-five day limitations period, N.J.S.A. 34:19-8. Although the judge reserved judgment on plaintiff's defamation claim ... intrinsically interwoven with the CEPA claims" and thereby waived under N.J.S.A. 34:19-8. We agree. CEPA's waiver provision states: Nothing in this ... State law, rule or regulation or under the common law. [ N.J.S.A. 34:19-8.] CEPA's waiver provision encompasses not only all claims for ...

docket:	A1206-03
court:	NJ Superior Court Appellate Division
decided:	2005-11-16
status:	unpublished
citation:
Document Size:	114073

34 RUSSELL J. LITCHULT JR v. BOROUGH OF WALDWICK -- rank: 633

... of counts two through eight under CEPA's waiver provision, N.J.S.A. 34:19-8, the judge explained: [T]he conduct asserted to be the ... State law, rule or regulation or under the common law. [ N.J.S.A. 34:19-8 (emphasis added).] This language is "clear and unambiguous" and the ...

docket:	a1094-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-05
status:	unpublished
citation:
Document Size:	83061

35 STEVEN GREENWOOD v. LORENZO LANGFORD -- rank: 630

... only respondents on appeal. Although CEPA actually defines "retaliatory actions", N.J.S.A. 34:19-8 ("[T]he institution of action in accordance with [CEPA] shall ...

docket:	a3873-07
court:	superior court appellate division
decided:	2010-01-11
status:	unpublished
citation:
Document Size:	95429

36 JONATHAN K. LITTMAN v. MORGAN STANLEY DEAN WITTER, et al. -- rank: 627

... elect between his common law and CEPA statutory claims. See N.J.S.A. 34:19-8 (providing that "the institution of an action in accordance with ...

docket:	A0903-99
court:	NJ Superior Court Appellate Division
decided:	2001-02-14
status:	published
citation:	337 N.J. Super. 134
Document Size:	47437

37 ROBERT SCOULER, Appellant v. CITY OF CAMDEN, Respondent. -- rank: 624

... P.J.A.D.     The Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-8. The Merit System Board (Board) held that this provision precludes ... 1 1     Subsequently, an Administrative Law Judge (ALJ), relying upon N.J.S.A. 34:19-8, issued a recommended initial decision which concluded that "[w]here ... of evidence of retaliation in a civil service disciplinary hearing. N.J.S.A. 34:19-8 was only intended "to curtail essentially cumulative remedial actions." Young ... filing the charge and testifying against the employee. Consequently, if N.J.S.A. 34:19-8 nor any other section of CEPA precludes an employee who ... filing a CEPA action. Therefore, consistent with the intent of N.J.S.A. 34:19-8 to only "prevent an employee from pursuing both statutory and ...

docket:	a4512-98
court:	njappellate
decided:	2000-06-15
status:	published
citation:	332 N.J.Super. 69
Document Size:	15241

38 JUDITH A. THORNTON v. NEW JERSEY MANUFACTURED HOUSING ASSOCIATION, INC. -- rank: 618

... not have been dismissed pursuant to the waiver provisions of N.J.S.A. 34:19-8. We affirm. I. The factual background of this matter is ... Thornton's CEPA claim to have been properly entered. III. N.J.S.A. 34:19-8 provides that the institution of an action in accordance with ...

docket:	A2509-05
court:	NJ Superior Court Appellate Division
decided:	2006-10-10
status:	unpublished
citation:
Document Size:	62589

39 JULIUS BEASLEY v. PASSAIC COUNTY -- rank: 618

... distress claim was also subject to CEPA's waiver provision. N.J.S.A. 34:19-8. In addition, defendants' conduct was not sufficiently extreme and outrageous ... from CEPA, it was also subject to the waiver provision. N.J.S.A. 34:19-8.     Plaintiff, in his brief, also lists the damages award as ...

docket:	A2780-03
court:	NJ Superior Court Appellate Division
decided:	2005-05-26
status:	published
citation:	377 N.J. Super. 585 873 A.2d 673
Document Size:	54516

40 /usr/local/share/www/libweb/collections/courts/appellate/a0312-18.opn.html -- rank: 618

... of retaliation raised under common law or other statutory remedies. N.J.S.A. 34:19-8; Tartaglia v. UBS PaineWebber Inc., 197 N.J. 81, 102 ...

docket:
court:
decided:
status:
citation:
Document Size:	56188

41 LOUIS PIANTADOSI v. PUBLIC SERVICE ELECTRIC AND GAS COMPANY -- rank: 615

... that the LAD claims were properly dismissed. He relies on N.J.S.A. 34:19-8, the CEPA waiver of common law claims provision. We note ... Further, despite Sills' contentions to the contrary, the language in N.J.S.A. 34:19-8 and Young v. Schering Corp. , 275 N.J. Super. 221 ...

docket:	a2778-08
court:	NJ Superior Court Appellate Division
decided:	2011-07-28
status:	unpublished
citation:
Document Size:	79148

42 TODD LARMER v. PUBLIC SERVICE ELECTRIC AND GAS COMPANY -- rank: 615

... that the LAD claims were properly dismissed. He relies on N.J.S.A. 34:19-8, the CEPA waiver of common law claims provision. We note ... Further, despite Sills' contentions to the contrary, the language in N.J.S.A. 34:19-8 and Young v. Schering Corp. , 275 N.J. Super. 221 ...

docket:	a2851-08
court:	NJ Superior Court Appellate Division
decided:	2011-07-28
status:	unpublished
citation:
Document Size:	79144

43 RAMONA SILLS v. PUBLIC SERVICE ELECTRIC amp; GAS CO., INC. -- rank: 615

... that the LAD claims were properly dismissed. He relies on N.J.S.A. 34:19-8, the CEPA waiver of common law claims provision. We note ... Further, despite Sills' contentions to the contrary, the language in N.J.S.A. 34:19-8 and Young v. Schering Corp. , 275 N.J. Super. 221 ...

docket:	a3340-08
court:	NJ Superior Court Appellate Division
decided:	2011-07-28
status:	unpublished
citation:
Document Size:	76021

44 BRIAN ROYSTER v. NEW JERSEY STATE POLICE -- rank: 612

... NJLAD claims, pursuant to the CEPA waiver clause contained in N.J.S.A. 34:19-8. 3 The court subsequently dismissed the NJLAD claims, leaving plaintiff ... State law, rule or regulation or under the common law." N.J.S.A. 34:19-8. 4 The claims against the other parties were dismissed at ...

docket:	a3357-12
court:	NJ Superior Court Appellate Division
decided:	2015-03-10
status:	published
citation:	439 N.J.Super. 554 110 A.3d 934
Document Size:	73284

45 Winters v. No. Hudson Regional Fire & Rescue -- rank: 612

... the individual defendants a declaration of qualified immunity. Pursuant to N.J.S.A. 34:19-8, the CEPA waiver provision, the court dismissed the New Jersey ...

docket:	A-45-10
court:	New Jersey Supreme Court
decided:	2012-09-13
status:
citation:
Document Size:	103727