Ralph S. Ballinger, Plaintiff-Respondent and Cross-Appellant v. Delaware River Port Authority, Paul Drayton…

Summary

The Supreme Court of New Jersey affirmed that the Delaware River Port Authority (DRPA) is not subject to the New Jersey Conscientious Employee Protection Act (CEPA) because the statutes of New Jersey and Pennsylvania are not substantially similar, but the agency is subject to the common law of both states under the substantial‑similarity test. Accordingly, the court upheld the plaintiff’s wrongful‑discharge claim under New Jersey common law and held that individual DRPA employees may be personally liable for the alleged retaliatory termination.