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Curro v. HD Supply, Inc.

Case No. 2:19-cv-19198-BRM-JAD (D.N.J. Jun. 29, 2020)
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Curro v. HD Supply, Inc.

3 Citing cases

  1. Berdzik v. Physicians Endoscopy, LLC

    Civ. Action 20-11656 (FLW) (D.N.J. Jul. 30, 2021)   Cited 6 times
    In Berdzik, the plaintiff underwent surgery to repair an abdominal hernia and remove a foreign object from his intestinal track.

    I see no reason to depart from that conclusion here. See Curro v. HD Supply, Inc., Civ. No. 19-19198, 2020 WL 3496955, at *6 (D.N.J. June 29, 2020) (applying the same rule as was applied in Rossi based on recent case law). Accordingly, Defendants' motion to dismiss Plaintiff's NJLAD retaliation claim against Corporate Defendants based on a CEPA waiver is premature.

  2. Beltran v. 2 Deer Park Drive Operations LLC

    Civil Action No. 20-8454 (MAS) (LHG) (D.N.J. Feb. 28, 2021)   Cited 3 times
    Holding that the September revised rule does not apply retroactively and because the April rule was found to be unlawful, this restored the "status quo before the invalid rule took effect," thus prior to the September revised rule, the operative definition of a "health care provider" is the definition provided by the FFCRA

    N.J. Stat. Ann. ยง 34:19-8. Courts have found that the waiver provision does not attach until after the completion of discovery. See Curro v. HD Supply, Inc., No. 19-19198, 2020 WL 3496955, at *6 (D.N.J. June 29, 2020) (observing a circuit split on this issue). Here, the Court will tentatively permit Plaintiff's wrongful termination claim to proceed.

  3. Duong v. Benihana Nat'l Corp.

    1:18-cv-15590-NLH-KMW (D.N.J. Sep. 10, 2020)   Cited 1 times

    Plaintiff's argument has merit. The preclusion issue has been examined by courts within this District before, including quite recently and thoroughly by Judge Brian Martinotti in Curro v. HD Supply, Inc., No. 19-19198-BRM-JAD, 2020 WL 3496955 (D.N.J. June 29, 2020). In Curro, Judge Martinotti recognized that it remains unclear when preclusion attaches, i.e., whether claims are precluded at some point before they are presented to a jury for consideration.