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Sunday, December 11, 2011

MICHAEL C. SENISCH VS. JAMES CARLINO, ET AL. A-6218-09T3

MICHAEL C. SENISCH VS. JAMES CARLINO, ET AL.

A-6218-09T3

Pursuant to the 2005 "Health Care Professional

Responsibility and Reporting Enhancement Act" (colloquially

called the "Cullen Act"), N.J.S.A. 26:2H-12.2c, and also

pursuant to prior case law establishing a qualified immunity for

truthful job references by a former employer, defendants could

not be held liable in a civil lawsuit for responding to a

reference request with negative information from the personnel

file of plaintiff, a physician's assistant. Defendants were not

required to include in the reference plaintiff's version of the

circumstances of his termination since the settlement of a prior

CEPA and LAD lawsuit he brought did not include an admission of

wrongdoing by defendant former employer. 12-01-11