Judge STERN (temporarily assigned) delivered the opinion of the Court. In Montells v. Haynes, 133 N.J. 282 , 627 A.2d 654 (1993), the Court held that the two-year statute of limitations applies to all claims filed under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49(LAD), in Superior Court. The complaint must be filed within two years of the date on which the cause of action "accrued." N.J.S.A. 2A:14-2. Montells, supra, 133 N.J. at 285, 627 A.2d 654 . In this...
Justice HOENS delivered the opinion of the Court. Plaintiff Joyce Quinlan, then the Executive Director of Human Resources for defendant Curtiss-Wright Corporation, believed that the company had discriminated against her when it promoted a man she thought was less qualified than she and made him her supervisor. In an effort to prove that her suspicions were true and that defendant was engaged in widespread sex discrimination, plaintiff gathered documents that were available to her in the...
Justice LaVECCHIA delivered the opinion of the Court. In this appeal, we review the timeliness of a wage discrimination complaint, brought under New Jersey's Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, which the courts below dismissed based on a statute of limitations application that incorporated the reasoning of Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618, 127 S.Ct. 2162 , 167 L.Ed. 2d 982 (2007) (establishing framework for analyzing accrual and timeliness in...
Chief Justice RABNER delivered the opinion of the Court. This case involves an attempt to recall a United States Senator under a state statute. A committee of voters seeking to recall U.S. Senator Robert Menendez submitted a notice of intention to New Jersey's Secretary of State. That act triggers the recall process outlined in the Uniform Recall Election Law (UREL), N.J.S.A. 19:27A-1 to -18, which implements article I, paragraph 2 of the State Constitution. The Secretary of State, after...
Justice HOENS delivered the opinion of the Court. The Products Liability Act, N.J.S.A. 2A:58C-1 to -11, established a unified theory of recovery for harm caused by products. In enacting that statute, our Legislature carefully defined the kinds of harm needed to support a recovery, specifically embracing a long standing common law theory known as the economic loss rule. N.J.S.A. 2A:58C-1(b)(2). In this appeal, we consider the continuing viability of the economic loss rule and its...
Justice ALBIN delivered the opinion of the Court. A class-action lawsuit can give a large number of consumers with small claims the power to act collectively in seeking redress against a corporate entity. In this appeal, we must decide whether denying thousands of individuals the opportunity to proceed as a class in a consumer-fraud action was an abuse of discretion. Plaintiff Melissa Lee purchased, for a price of about $120, three bottles of a dietary supplement pill called Relacore,...
Justice HOENS delivered the opinion of the Court. In this appeal the Court is asked to consider whether an adverse employment consequence is an essential element of a plaintiff's claim that his employer discriminated against him by failing to accommodate his disability. The trial court concluded that the failure to accommodate was itself an adverse employment consequence, as a result of which plaintiff was only required to prove, as part of his prima facie case, that the employer failed to...
PER CURIAM. The judgment is affirmed, substantially for the reasons expressed in Judge Reisner's opinion of the Appellate Division, reported at 407 N.J.Super. 302 , 970 A.2d 1083 (2009). Justice RIVERA-SOTO, dissenting. Today, based on a New Jersey Court Rule, the majority authorizes an award of counsel fees incurred entirely in actions litigated outside of New Jersey. Because that represents an unwarranted and unwise extension of the fee-shifting Rule, I respectfully dissent. I....
