Supreme Court of New Jersey

Joanne Olivieri, Plaintiff-Appellant v. Y.M.F. Carpet, Inc., a Corporation, Defendant-Respondent

May 17, 2006186 N.J. 511

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that the unemployment compensation determination that the plaintiff was terminated cannot be given collateral estoppel effect in the CEPA action because the administrative proceeding lacks the procedural rigor and purpose of a judicial trial. The Court relied on the third exception of Restatement (Second) of Judgments §28, emphasizing differences in procedure and public policy.