Supreme Court of New Jersey

Maria Tartaglia, Plaintiff-Respondent and Cross-Appellant v. Ubs Painewebber Incorporated and Herbert Janick…

December 16, 2008197 N.J. 81

Summary

The New Jersey Supreme Court reversed the Appellate Division in part, affirmed in part, and remanded. It held that an internal complaint can satisfy the Pierce common‑law retaliatory discharge claim, that RPC 1.7(b) is a clear public‑policy mandate for such a claim, that plaintiff is entitled to an adverse inference charge for spoliated evidence, that the second harassment complaint was protected activity for retaliation purposes, and that certain closing‑argument remarks were unduly prejudicial.