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McOmber McOmber & Luber

Business & Employment Lawyers Red Bank & Marlton New Jersey

(732) 842-6500
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Law.com

On May 23, 2023, a trial team of R. Armen McOmber, Esq., Matthew A. Luber, Esq., Peter D. Valenzano, Esq. and Austin B. Tobin, Esq. from the law firm of McOmber McOmber & Luber, P.C. secured a $500,000 Jury Verdict.

The lawsuit was originally filed over six years ago in Middlesex County Superior Court on behalf of Plaintiffs, Hugh McCabe and his mother, Suzanne McCabe.  Hugh, a former student in Monroe Township Public Schools, claimed he was subjected to homophobic slurs and anti-gay animus by another Monroe Township High School Student, which included a November 25, 2015 assault in the boy’s locker room that caused Hugh significant physical injuries.  Hugh was also bullied based on the perception that he is gay and due to his membership in the school’s Gay Straight Alliance.

Following a two-week trial, the jury concluded that Hugh was subjected to years of discrimination on account of his perceived sexual orientation in violation of the New Jersey Law Against Discrimination (“NJLAD”).  The jury further concluded that the school was aware of the harassment, and that it was negligent by failing to prevent, correct, or remediate the discrimination.   The jury awarded Hugh $400,000 in emotional distress damages and an additional $100,000 in damages for his physical injuries stemming from the assault.  Hugh’s lawyers now anticipate filing an application to recover all of his attorneys’ fees, costs, and delay damages, as is permitted by the NJLAD.

“After six years of litigation, it only took the jury an hour or so to figure out that the Monroe Board of Education completely failed to protect students from egregious discrimination, bullying, and anti-gay animus in its schools. We are so proud of our client for standing up for himself, for civil rights, and, in particular, for having the courage and fortitude to hold the district accountable.” R. Armen McOmber, Esq., McOmber McOmber & Luber, P.C.

“This is a great day for civil rights.  To secure such a significant verdict in a perceived sexual orientation case is a big step in the right direction.  The jury sent a clear message to schools and employers that anti-gay animus will not be tolerated.” Matthew A. Luber, Esq., McOmber McOmber & Luber, P.C.

MML Case Alert

Matthew A. Luber and Jeffrey D. Ragone represent paralegal Kristen Rose in a sexual harassment, discrimination, and retaliation case pursuant to the New Jersey Law Against Discrimination (“NJLAD”) against the law firm Di Nicola & Di Nicola LLC and its lawyers, Joseph M. Di Nicola Jr. (“Defendant Junior”) and Joseph M. Di Nicola (“Defendant Senior”).

Plaintiff Rose.
Plaintiff Rose post assault.
Plaintiff Rose post assault.

 

As alleged in the Complaint, shortly after the start of Ms. Rose’s employment in December 2018, Defendant Junior targeted her while acting as her supervisor and waited for the opportunity to reveal his true colors as a violent, abusive boss.  When Ms. Rose lost her residence, Defendant Junior asked her to move in with him.  According to the Complaint, Ms. Rose reluctantly agreed, and almost immediately thereafter, Defendant Junior unleashed manic episodes of yelling, intimidating, and harassment toward Ms. Rose.  Defendant Senior is alleged to have lived next door to Defendant Junior and was keenly aware of Defendant Junior’s rage and his harassment of Ms. Rose in and out of the workplace.

The Complaint alleges that the hostile work environment escalated to physical violence in September 2019, when Defendant Junior slammed Ms. Rose against a gate on the law firm’s property.  Defendant Junior continued his acts of physical domestic violence against Ms. Rose, twice while he was aware that Ms. Rose was filming the incidents with her cell phone.  When Ms. Rose advised she was leaving him, Defendant Junior retaliated by immediately terminating Ms. Rose’s employment with the law firm.  Defendant Junior’s abuse and violence against Ms. Rose persisted even after she left the residence and moved to Delaware, where Defendant Junior broke into Ms. Rose’s new residence and harassed and threatened her.

The lawsuit seeks compensatory and punitive damages and a jury trial for the alleged unlawful retaliation and acts of assault in violation of New Jersey law.

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Office Locations

Red Bank Office

  • 54 Shrewsbury Avenue, Red Bank, NJ 07701
  • 732.842.6500

Marlton Office

  • 39 E. Main Street, Marlton, NJ 08053
  • 856.985.9800

Newark Office

  • 60 Park Place Suite 307, Newark, NJ 07102
  • 973.878.9040

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