Nov 18, 2009

Employment Litigation - Cicchetti v. Morris County Sheriff's Office

Schenck, Price, Smith & King, LLP (“SPSK”) is pleased to report a significant victory by its employment litigation practice group. In Cicchetti v. The Morris County Sheriff’s Office, John M. Bowens, Esq., Chairman of the Group, represented the defendant, The Morris County Sheriff’s Office (“MCSO”) at trial where the jury returned a 9-0 verdict in its favor.

Mr. Bowens had originally represented an Officer in the Sheriff’s Department who was accused of discriminating against the plaintiff, Cicchetti, because he had contracted Hepatitis C. Mr. Bowens secured a dismissal of the claims against the Officer by way of a Motion for Summary Judgment, joined in by the other defendants. On appeal, the dismissal as to the individual defendants was affirmed, but the Supreme Court, finding that the case raised “novel and complex questions relating to workplace discrimination claims,” remanded the case for trial as to the MCSO. The allegations which went to trial were that the MCSO had failed to conduct an adequate investigation into the allegations of discrimination. After the remand, Mr. Bowens was requested to re-enter the case as trial counsel for the Sheriff’s Office. The ensuing trial lasted for approximately three weeks and the jury deliberated for less than two hours before reaching its verdict of “no cause” in favor of the MCSO.

SPSK’s employment practice group was also successful in defending an employer in Peragallo v. Helmer. The plaintiff claimed he was coerced into signing a separation agreement at the time he was discharged. After limited discovery, SPSK secured summary judgment on behalf of the employer.