Kenneth Mr. Vercammen was included in the 2017 “Super Lawyers” list published by Thomson Reuters.

To schedule a confidential consultation, email us at VercammenAppointments@NJlaws.com, call or visit www.njlaws.com

(732) 572-0500

Sunday, March 15, 2015

BRIAN ROYSTER VS. NEW JERSEY STATE POLICE, ET AL. A-3357-12T3

BRIAN ROYSTER VS. NEW JERSEY STATE POLICE, ET AL. 
A-3357-12T3 

Plaintiff asserted claims under the Americans with Disabilities Act (ADA), 42 U.S.C.A. §§ 12101 to 12213, and the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -14. We held that the doctrine of state sovereign immunity barred the ADA claim, even though defendants did not seek dismissal of the claim on this basis until they filed a motion for judgment notwithstanding the verdict. We also concluded that plaintiff's job responsibilities did not preclude him from asserting a CEPA claim and he presented sufficient evidence for the jury to consider this claim. But we reversed the judgment on the CEPA award and remanded for a new CEPA trial because the jury instructions were fatally flawed. 

 03/10/15