In Ocasio v. Hudson County the Federal Court issued a final order in a decade long union retaliation case putting Hudson County on the hook for over two million dollars in fees and damages. (It will be closer to three if they appeal and lose, again.) The linked article breaks down the case in detail, but here’s the short version: Hudson County went after Ocasio aggressively for doing his job, standing up for his union members, and in the process, they derailed his career.  Two juries found for Ocasio.  The upshot is that unlike many backwater states in America, in New Jersey workers have strong legal protections, including union workers. Our state regularly leads the nation in income, education, and overall quality of life, and robust employment laws are a key part of that success. If your rights are being violated on the job, especially for standing up or speaking out, you have strong remedies.

In Jersey City Police Superiors Association v. Jersey City, a federal judge just refused to dismiss a lawsuit claiming the City violated the First Amendment by refusing to fly the police memorial flag. The union simply wanted to honor the families of fallen officers, but Jersey City’s openly anti-police mayor had other plans. In what looked like a political stunt aimed at boosting a now-failed run for higher office, Mayor Fulop removed two families of fallen officers from City Hall property, even as dozens of other groups were allowed to fly their flags without issue  We’ll see how much more taxpayer money the City is willing to burn fighting this outrage. The court’s decision is linked below.

Here’s the bigger picture: Unions have always been the backbone of New Jersey’s middle class. When their rights are protected, we all benefit from stronger communities, better schools, and higher wages. That’s why New Jersey’s employment laws matter, and why we fight hard to make sure those rights are enforced.

Ocasio v. Hudson County Order & Opinion pdf | Jersey City Police Superiors Association v. Jersey City Opinion on denying motion pdf

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In October 2021, Christopher and I went to Federal Court in Camden and, in a bench trial (Judge only), won a verdict for 30 Pemberton Officers in a FLSA (Fair Labor Standards Act) case.
Thirty (30) months later, our first post-pandemic, in-person jury found retaliation for a Clifton Police Officer who was skipped over for Lieutenant. We were circumspect about the jury’s interest in coming in person and engaging in the case. Our concerns were allayed by the jurors’ constant attention, their clear and obvious interest in the case, and their thoughtful verdict after a little less than two (2) hours of deliberation. They gave us every nickel of our expert economist’s damages calculation.

Those cases resulted in large attorneys’ fee applications, which is always a risk for management.

Just as they were rushing out of the Camden County Courthouse concerned about the spread of Covid and just as they have now returned to the Passaic County Courthouse with Covid hopefully behind us, juries still are giving the time and attention left to America’s last institution that still represents the opportunity to be heard and to have your facts fully developed and ruled upon. We are eternally grateful to the juries who give up their lives for weeks to come forward and do their essential and crucial job in our American system that suffers from so many questions and attacks. Also, the Judges who oversaw those cases and sat as Judge and Jury in Federal Court are still working to keep it glued together for our justice system. At least in this regard, America is still functioning well, and we look forward to it continuing to do so.

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Bijoy Rodriguez v. City of Paterson (12.14.2017)

James Reyes v. City of Paterson(3.27.2018)

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WCBS NEWS – New York

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But rest assured an appropriate memorial is being contemplated. The ideas vary from conversion into a planter to an actual firm museum display complete with red velvet roping and a plaque. When that decision is made our Friends of the Firm (FOFs) will be advised. In the meantime no flowers are necessary and no alternate donations are suggested. Instead, your e-mail condolences and any fond stories of the Coffee Machine are welcome and will be put into a Memorial Book. Thank you all for your continued patronage. And rest assured, despite the inferior coffee product we now serve, we will do our best to make your visit to the office as comfortable as possible.

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Because of confusion created by the dramatic events, Officers Roberts and Baksh became the subjects of a criminal investigation arising out of this matter.  Scores of interviews and countless audio and video recordings were scrutinized.  Finally, the Office declined prosecution of the officers.  Case closed?…

In the normal course,  the matter was returned to the Bergen County Police Department for administrative review. A year into these proceedings, however, things took a dramatic turn.  Bergen County Prosecutor John Molinelli, a political appointee, had a well-publicized political feud with County Executive Kathleen Donovan other the future of the county police force. These police officers were caught in the cross-fire. Prosecutor Molinelli withdrew a declination letter and proceeded to indict Officers Roberts and Baksh despite the fact that there was no new evidence or change in the record which could have reversed a determination regarding the purported criminality of the officers’ conduct. Despite enormous risk and the potential for a decade in prison, these officers showed the same courage as they did on that fateful day.  Finally, on the afternoon of May 29, 2014, justice was served when, after a five week trial, a Bergen County Jury made up of honest folks not colored by politics but looking only at facts returned their verdict of not guilty as to all counts of the indictment. Now vindicated, the officers are focused on getting their lives and careers back on track. Case closed!

Roberts Article (5.30.2014)

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GOD SAID “LET THERE BE LIGHT” AND JCP&L SAID “WE’LL HAVE IT FOR YOU WITHIN SEVEN TO TEN DAYS

We recognize that Hurricane Sandy was devastating to the State of New Jersey and parts of the Northeast.  People lost their lives.  People were devastated financially with the loss of property and possessions.  There is no doubt that in our lifetimes we haven’t experienced something as severe as this storm.

It is therefore not unreasonable to have expected the electric grid to have taken upwards of two weeks to be restored.  Our electric utility systems in this country is largely above ground and is exposed to the elements, falling trees and other calamities.  We suppose statistics will eventually demonstrate exactly how much of the electric infrastructure was affected but there is no doubt that a monumental portion had to be restored.  It was a relief to see trucks from Indiana, Louisiana and other states west with utility workers no doubt receiving pay but nonetheless away from their families while they worked diligently to restore our electricity. Therefore no one can seriously articulate an argument that the New Jersey utility companies did not work hard to try and reestablish order in the electrical grid and return people to some semblance of normalcy.

This firm and its staff all lived a nomadic life looking for heat and light for a period of time going from hotels to friends and family members as electricity came on. The part that was and remains troubling was the communication.  Each day we received updated calls about when school might be back open and each day we went on-line to check when power might be returned to our area.  The communication was scatter-shot and uncertain, very often telling us on one day that half our town had been restored and on the next that none of our town had been restored and on the following day saying all of our town had been restored and on the next saying none of our town had been restored.  No doubt there was enormous pressure to show progress and to try and keep people apprised as best as possible.  However, when three different websites from the same utility company show different information about restoration schedules it is a problem.  Had we been told within forty-eight hours of the storm that it was highly unlikely we would get power within a week to ten days our options would have been different.  We could have hastily scheduled some time away with more distant relatives who we haven’t seen.  We could have attempted to squeeze-in a family vacation.  We would have been far more capable of making informed decisions as opposed to each day learning more and/or less about our situation.  That is, we believe, the legitimate criticism of the utility companies as the days mounted with electric needs being addressed and communications being scrambled.

This firm recognizes that we engage on behalf of clients in crucial, often life-changing litigations.  From the start of the firm, we have endeavored to maintain full candor and a conservative analysis of what we can and cannot achieve in the legal process on behalf of a client.  It is from that basis a client can make the most informed decisions about how to proceed in their matter.  I can say without pause that we are capable, successful trial attorneys and hard-charging advocates for our clients. However, what separates a good trial lawyer from a great advocate is communication, candor, and open and honest analysis. Having to sometimes give difficult and painful information is unpleasant.  Yes, it is a requirement of this profession and every client deserves the most realistic information so that they can maturely and intelligently analyze their own legal standing as they move forward making important choices.

At any rate, the lights are back on and the firm is ready to serve.

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