Karol Maw, Plaintiff-Respondent v. Advanced Clinical Communications, Inc., and Michael F. Forte

Summary

The Supreme Court of New Jersey reversed the Appellate Division, holding that the plaintiff failed to state a claim under the Conscientious Employee Protection Act because the dispute over a non‑compete agreement is a private matter and does not involve a "clear mandate of public policy" as required by CEPA. The Court reasoned that New Jersey case law does not treat non‑compete agreements as a clear public‑policy mandate, and therefore the complaint cannot survive a motion to dismiss.