Peters v. Silverton Volunteer Fire Company, et al, A-3498-14T1 (App. Div., Nov. 3, 2016)

Cat’s paw theory of liability does not apply to CEPA claims.

The plaintiff asserted a claim under the New Jersey Conscientious Employee Protection Act (CEPA) after he was expelled from the volunteer fire company. The plaintiff alleged that his expulsion was in retaliation for his complaints to the county prosecutor of alleged manipulation of pension credits. To meet his burden of proof concerning causation, the plaintiff sought to show that certain members of the fire company had influenced the general membership’s vote. In rejecting this claim, the Appellate Division held that New Jersey has not adopted the “cat’s paw” theory of liability that was created by the federal courts. Instead, New Jersey applies its existing standard for establishing causation.

 

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