New Jersey Court Affirms $192,000 Fee Award Against Whistleblower Plaintiff

Earlier this week, employers in the Garden State saw another glimmer of hope for defending against frivolous claims brought under New Jersey’s whistleblower statute, the Conscientious Employee Protection Act (“CEPA”), N.J.S.A. 34:19-1 et seq. As you may recall, much of our CEPA reporting lately has focused on recent court decisions affirming the expansive whistleblower protections under CEPA.  However, on Monday, in Fulton v. Sunhillo Corp., No. A-3950-13T2 (N.J. Super. Ct. App. Div., filed July 20, 2015), New Jersey’s Appellate Division upheld an award of $191,652 in attorneys’ fees against the plaintiff, holding that the award was justified given the “frivolous” and “harassing” nature of the plaintiff’s CEPA (and other) claims and litigation.

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