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
