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McLaughlin & Nardi is pleased to announce that the Honorable Peter F. Boggia, a retired judge of the Superior Court of New Jersey, will be joining the firm as of counsel.  Judge Boggia will be concentrating his practice on alternative dispute resolution, particularly mediation and arbitration.  His relationship with our attorneys goes back over thirty years to when Frank Nardi served as his intern while Judge Boggia was on the bench, and the judge occasionally agreed with Maurice McLaughlin’s arguments when he appeared before him.photo-jpeg-240x300

Judge Boggia served on the Superior Court bench for more than twenty years in the Civil Division, both as trial judge and acting presiding civil judge, handling complex trials, including class actions, product liability, medical malpractice and serious personal injury claims.  He also helped settle hundreds of civil cases before trial, and instituted the first mediation program in the Bergen County Superior Court.

Prior to his appointment to the Superior Court bench, Judge Boggia served as Law Clerk to the Honorable Arthur J. O’Dea in the New Jersey Superior Court, and as an assistant prosecutor in Bergen County, handling serious criminal cases. He was House Counsel for Liberty Mutual Insurance Company, and in that position tried hundreds of cases and earned the distinction of Certified Trial Attorney.  Judge Boggia sat concurrently as Municipal Judge in the Bergen County communities of Little Ferry, Leonia, Maywood, Bogota, and Fairview, New Jersey.

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The State Board of Examiners, which operates within the New Jersey Department of Education, is the agency charged with licensing New Jersey educators.  It determines educator fitness and issues certifications required for New Jersey teachers and other teaching staff members.  It also has the authority to revoke or suspend certificates in appropriate circumstances.  The New Jersey Supreme Court recently examined the limits of the Board’s authority in the case of In the Matter of the Certificates of Nicholas Cilento, State Board of Examiners, New Jersey Department oftess-225x300 Education.

Background

Nicholas Cilento was a special education teacher with the Woodbridge Township School District.  On May 21, 2019, he was relieved of his teaching responsibilities because it was alleged that he consumed alcohol on school grounds.  Tenure charges were filed in November 2019.  Cilento appealed the charges and after an evidentiary hearing in which Cilento admitted struggling with alcoholism and consuming alcohol on school grounds, an arbitrator upheld charges of conduct unbecoming, violations of state and municipal law, violations of District policy.  The arbitrator imposed a three-month unpaid suspension and reinstatement on a “last chance” basis.

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A New Jersey employment law decision recently examined the effect of a conviction under the newly enacted New Jersey Police Training Act and with the New Jersey Police Training Commission in the case of Garcia vs. New Jersey Police Training Commission. 

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Background

Gregory Gacia was a police officer with the Wharton, New Jersey, Police Department.  As a result of a search of his residence, he was charged with false representations and gun possession offenses.  Thereafter, on November 14, 2022, he entered into a plea agreement whereby he pled guilty to one count of possessing a large capacity ammunition magazine in the fourth degree.  He was sentenced to one year of probation, with the judgment of conviction entered on January 13, 2023.  Garcia appealed his decision to the Appellate Division of the Superior Court of New Jersey, when affirmed his conviction on October 7, 2024.  He thereafter appealed to the Supreme Courts of New Jersey and the United States, both of which refused to hear his appeal.

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New Jersey employment law provides that non-tenured educators must receive written notice that their employment contracts will not be renewed by May 15th or their contracts will be deemed to be renewed for the coming school year.  A New Jersey appeals court recently issued a decision examining the procedure and consequences of the non-renewal of an assistant principal after failing to give her the required timely written notice in the case of Adeyin vs. Board of Education of the City of Orange.supreme-court-building-1209701__340-300x200

Background

Ehimwenma Adeyin was a non-tenured assistant principal at Rosa Parks Community School in Orange, New Jersey.  She began work in 2023, and her contract was renewed for the 2023-2024 school year.  She was permitted to participate in a two-year program to obtain a certificate from the New Jersey Department of Education for the position of principal.

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In New Jesey business law, a person or business may personally guaranty the performance of a third party.  If the third party defaults on its obligations, the party which gave the personal guaranty (the “guarantor”) then becomes liable for the third party’s default.  Different states have different requirements for the enforcement of personal guarantees, however.  On December 2, 2025, thecourthouse-1223280__340-300x200 New Jersey Supreme Court issued an opinion in the case of Extech Building Materials, Inc. vs. E&N Construction, Inc., explaining the requirements of  an enforceable personal guaranty under New Jersey contract law.  The main element is that the guarantor must clearly and unambiguously express its intent to personally guarantee the third-party’s obligation.

Background

E&N Construction, Inc., a construction company, signed a two page agreement with Extech Building Materials, Inc. to purchase construction supplies.  They signed a two page, six paragraph agreement. The sixth paragraph provided:

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New Jersey business law provides that parties to a contract may agree that after closing one party, usually the seller, can have the right to match another offer which a party receives.  This is called a “right of first refusal.”  This most frequently occurs in contracts for the sale of a business or the sale of real estate, but also often occurs in leases and other contracts as well.  A New Jersey appeals court’s decision in the case of PMG New Jersey II, LLC vs Amrit Inc. examined the law regarding New Jersey law regarding contractual rights of first refusal.6-300x225

Amrit, Inc. Buys a Gas Station and a Decade Later Litigation Ensues

The decision explained that in 2012, the parties entered into a into a Motor Fuel Supply Agreement (MFSA) in connection with Amrit, Inc.’s purchase of a gas station in New Brunswick, New Jersey from PMG New Jersey II, LLC.  The MFSA was amended three years later in 2015 to include a provision which provided that if the purchaser received an offer to buy the gas station, PMG had 30 days to give notice that it was exercising its right to purchase the gas station on the same terms and conditions as the new offer; if not it waived this right of first refusal.  The MFSA was later amended to last through 2027.

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An appeals court recently issued an opinion in the case of Hand v. Borough of New Providence, examining the rights of New Jersey police officers facing discipline in non-civil service jurisdictions

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The opinion explained that Michael Hand was a corporal with the New Providence Police Department, with thirteen years of service.  On May 17, 2019, he was eating dinner with his wife at a diner during a meal break when a call came for him to respond to a domestic incident.  Another officer, Patrolman Lunch responded.  Plaintiff texted Lynch and his supervisor to see if they needed him but they did not respond, so he did not go.  The supervisor, Sergeant Diamond, who was not called, terminated a traffic stop to respond when he saw on GPS that Hand was not responding.  At the scene, a juvenile experienced a mental health crisis and the situation escalated; Diamond called Hand on the radio and Hand then responded 13 minutes after the original call.

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New Jersey construction law incorporates the damages provisions of the Consumer Fraud Act in residential home improvement construction projects.  A New Jersey appeals court recently analyzed the recovery of triple damages and attorneys fees in construction projects under the Consumer Fraud Act, and personal liability for contractors, in two construction law decisions.

Background

Philip Dattolo hired EMC Squared, LLC to construct a new single-family home in Boonton, New Jersey.  They signed a written contract.  Toward the end of the project, Dattolo selected severalhouse-225x300 additional items to be included.  A written change order to the original signed contract was drafted, but the change order was never signed.  In January 2020 the home passed final inspections, and EMC’s owner, Edward Morgan, advised Dattolo that he could not continue working on the project.  Dattolo refused to pay “one additional cent,” and complained that there were numerous construction defects which would cost him thousands of dollars to remediate.

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New Jersey’s whistleblower law was recently amended to further protect New Jersey private and public sector employees from being forced by their employers to sit through required “captive audience” meetings in an attempt to improperly coerce their employees from exercising their rights.

The Conscientious Employee Protection Actcapt-andrew-209x300

The Conscientious Employee Protection Act (CEPA) is New Jersey’s whistleblower law.  Considered one of the United States’s strongest whistleblower protection laws, it forbids employers from retaliating against their employees for disclosing, objecting to, reporting or refusing to participate in activities which they reasonably believe are illegal, fraudulent, constitute improper patient care, or violate established public policy.

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In a recent New Jersey employment law decision regarding disability discrimination and employer’s duty to provide reasonable accommodations for disabled employees, a New Jersey appeals court explained in the case of Gould v. New Jersey Department of Transportation the requirement for employers to engage in a good faith “interactive process” with their disabled employees to determine what reasonable accommodations can be provided to allow the employee to continue working.6-300x225

Background

Leroy Gould worked for the New Jersey Department of Transportation from 2001 until he retired in 2021.  He was a transit planner and coordinator, coordinating bus and rail service.  In 2012, Gould was diagnosed with prostate cancer, undergoing surgery and radiation which caused incontinence.  As a result, he usually had to go to the restroom immediately upon arrival to work.  He drove to a main parking lot, then took an employee van to his office building; the drop-off point was only a two-minute walk, which worked fine.  He was allowed to wear jeans because the fabric soaked up urine quickly and prevented rashes, and he received a standup desk because of vascular issues.

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