JAMES L. MELHUISH
JMelhuish@morganlawfirm.com
Partner
New Jersey Office
T 973.863.7621
F 973.994.3375

The following are employment related cases that Mr. Melhuish has defended:

  1. Price v. Ford Aerospace. Alleged NJLAD age discrimination arising out of a reduction in force. United States District Court, District of New Jersey. Settled after jury selection.

  2. McKnight v. Ohio Casualty. Alleged race discrimination with counterclaim for misappropriation of funds. Commenced in Superior Court of New Jersey, removed to United States District Court, District of New Jersey and remanded to Superior Court by addition of non-diverse defendant. Settled by exchange of releases during plaintiff depositions.

  3. Houbary v. Ohio Casualty. Superior Court of New Jersey. Alleged CEPA retaliatory discharge with allegations of tortuous interference with prospective contractual relationships and defamation. Consolidated and resolved by summary judgment for all defendants with Trump, et al. v. Ohio Casualty, et al.

  4. Trump v. Ohio Casualty Insurance Company. Superior Court of New Jersey. Alleged CEPA and retaliatory discharge case with allegations of fraud, tortuous interference with prospective contractual relationships and defamation. Summary judgment for all defendants after conclusion of pretrial discovery.

  5. Marseille v. Columbus Hospital. United States District Court, District of New Jersey. Alleged discriminatory discharge in violation of Title VII on grounds of race and national origin. Settled after final pretrial conference and before trial.

  6. Warren v. Wurlitzer Jukebox Company. United States District Court, District of New Jersey. Alleged Title VII and NJLAD race and gender discrimination. Consolidated with Tedeschi v. Wurlitzer. Jury verdict for defendant. Affirmed by Third Circuit Court of Appeals.

  7. Tedeschi v. Wurlitzer Jukebox Company. United States District Court, District of New Jersey. Alleged Americans With Disabilities Act violations, Title VII and NJLAD age discrimination and retaliatory discharge arising out of reorganization for business reasons. Jury verdict for defendant.

  8. Bonvini v. AQL Decorating Company. Superior Court of New Jersey. Alleged NJLAD age discrimination, assault and battery and intentional infliction of emotional distress. Settled after plaintiff depositions.

  9. Scarnecchia v. Harvey Management corp. d/b/a Burger King. Superior Court of New Jersey. Alleged constructive discharge on grounds of hostile work environment sexual harassment. Settled after partial summary judgment dismissing punitive damage claim.

  10. Regan v. Montclair Radiological Associates. Superior Court of New Jersey. Alleged constructive discharge on grounds of hostile work environment sexual harassment. Settled after discovery.

  11. Davis v. Atlantic Security Guards. New Jersey Division on Civil Rights. Alleged constructive discharge for NJLAD sexual and pregnancy discrimination. Pleadings and investigation in New Jersey Division on Civil Rights completed. Awaiting DCR recommendation.

  12. Nauta v. Paloma Golf Group. Superior Court of New Jersey. Alleged hostile work environment sexual harassment. Settled before trial.

  13. Chamberlain v. Cornucopia Restaurant. Superior Court of New Jersey. Alleged hostile work environment sexual harassment and rape. Settled before trial.

  14. Cerbo v. Chas J. Smith & Co. Superior Court of New Jersey. Alleged NJLAD age discrimination in termination of employment of husband and wife. Pretrial discovery in progress.

 

The following are cases in which Mr. Melhuish has been coverage and monitoring counsel for the insurer:

  1. Mercano and Clauset v. National Plastic Printing. Superior Court of New Jersey. Alleged constructive discharge by 2 former employees on grounds of NJLAD quid pro quo and hostile work environment sexual harassment and rape. Settled before trial.

  2. Kessler v. WWOR-TV. Superior Court of New Jersey. Alleged unlawful termination of television anchor contract on grounds of NJLAD religious, age and sexual discrimination and retaliation for disability and discrimination claims. Jury verdict for plaintiff. Appeal pending.

  3. Legiec v. Fiorilla. Superior Court of New Jersey. Alleged NJLAD hostile work environment sexual harassment and assault. Settled while motion to dismiss complaint for failure to state a claim pending.

  4. Elder v. Hercules Chemical Company. Superior Court of New Jersey. Alleged ADA handicap discrimination and CEPA retaliatory discharge. Settled while motion to dismiss complaint for failure to state a claim pending