255 N.J. Super. 407 - Flaherty v. the Enclave’s Empirical Analysis
1992
Citation profile
2 federal appellate · 8 district · 12 state decisions
Relationships
Relies on Judson v. Peoples Bank & Trust Co. of Westfield · Schierstead v. City of Brigantine · New Capitol Bar & Grill Corp. v. Division of Employment Security · Roman v. Sharper · 132 N.J. Super. 429 - Bradley v. Rapp
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Nothing in this act shall be deemed to diminish the rights, privileges, or remedies of any employee under any other federal or State law or regulation or under any collective bargaining agreement or employment contract; except that the institution of an action in accordance with this act shall be deemed a waiver of rights and remedies available under any other contract, collective bargaining agreement, State law, rule or regulation or under the common law.”
2 later decisions quote this exact passage“It is well recognized that statutes are to read sensibly rather than literally and the controlling legislative intent is to be presumed as "consonant to reason and good discretion." Schierstead v. Brigantine, 29 N.J. 220, 230 , 148 A. 2d 591 (1959). In construing a statute, it is assumed that the Legislature intended a reasonable approach, and a statute should be construed to effect a reasonable approach. Roman v. Sharper, 53 N.J. 338, 341 , 250 A. 2d 745 (1969). The spirit of the legislative direction prevails over the literal sense of the terms. [ Flaherty v. The Enclave, 255 N.J. Super. 407, 411 , 605 A. 2d 301 (Law Div. 1992) (citations omitted).]”
1 later decision quote this exact passage“[a] logical reading of CEPA would ... be that the ‘.‘rights and remedies” referred to in the [waiver clause] relate specifically to the rights and remedies available if an employee is wrongfully discharged as a result of his or her disclosure activities. It should not be read, however, to mean all rights and remedies which arise out of the employment relationship between plaintiff and defendant.. [Id. at 412, 605 A .2d 301.]”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.