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Wednesday, June 27, 2012

D. S. VS. CELGENE CORPORATION AND CVS/CAREMARK CORPORATION A-2685-10T2



D. S. VS. CELGENE CORPORATION AND CVS/CAREMARK
CORPORATION
 A-2685-10T2

Plaintiff filed a complaint alleging violations of the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14, well beyond CEPA's one-year limitation period, N.J.S.A. 34:19-5, and while he had a breach of contract action based on the same facts pending in Texas.  Primarily because plaintiff's delay is attributable to his initial selection of the Texas forum and his subsequent decision to pursue a remedy for a CEPA violation in New Jersey after an unfavorable choice of law determination by a court in Texas, we conclude that the doctrines of substantial compliance and equitable tolling do not permit him to proceed in New Jersey. 05-09-12