Denial of Counsel Fees Overturned in No-Cause CEPA Case

John McCusker, with the assistance of Kathleen Hirce, obtained the reversal of a trial court order denying counsel fees and costs under the fee-shifting provision of New Jersey’s Conscientious Employee Protection Act (CEPA). The attorneys had requested, on behalf of a Fortune 500 pharmaceutical company, that the court award fees after a trial on the plaintiff’s CEPA claim resulted in a no-cause verdict. John and Patricia also had tried the case on behalf of the company. The Appellate Division remanded the matter to the trial court, ordering it to make a determination on whether the plaintiff’s case was frivolous and filed in bad faith.

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