Partner Angelo J. Genova and Counsel Jennifer Borek Win Motion Dismissing Whistleblower Claim After Three Week Trial

01.27.2009

By: Angelo J. Genova, Jennifer Borek

GBV Partner, Angelo J. Genova, and Counsel, Jennifer Borek, won a post-trial motion dismissing a multi-count CEPA complaint against the New Jersey Board of Public Utilities, its President Jeanne Fox, and Chief of Staff Lance Miller. The Complaint, which was dismissed in its entirety, alleged that the Defendants had engaged in retaliatory conduct against Plaintiff Joseph Potena, after he alerted state Treasury Department officials to his concerns regarding an off-state bank account for the BPU's Clean Energy Program. Over approximately three weeks, Mr. Genova and Ms. Borek tried the case on behalf of Defendant Jeanne Fox. After nine days of testimony, the jury could not reach the required 5-1 consensus on whether the Plaintiff had suffered any retaliation. On January 23, 2009, in ruling on post-trial motions filed by the defense, Superior Court Judge Andrew J. Smithson dismissed the Complaint, finding that the Plaintiff did not suffer any retaliation. Mr. Genova and Ms. Borek were also assisted by Associates Alexander L. D’Jamoos and Emily J. Wexler. All four attorneys are based in the firm’s Newark, New Jersey office.