• A New Jersey appellate court reversed a trial court’s dismissal of five CEPA counts, finding the plaintiff’s retaliatory termination claim was timely because CEPA’s one-year statute of limitations runs from the date of actual discharge, not from prior retaliatory acts.
• The court held that, under the continuing violation doctrine, the plaintiff’s hostile work environment claim accrued within the limitations period because acts of retaliation occurring within the statute of limitations period “sweep in” earlier, nondiscrete acts.
• The court remanded to the trial court for further proceedings, including granting the plaintiff leave to amend her complaint to plead the series and chronology of nondiscrete acts with more specificity.

On May 7, 2026, the Superior Court of New Jersey, Appellate Division, in Ham v. Novartis International AG, reversed a trial court’s order dismissing with prejudice five CEPA counts against a pharmaceutical company and remanded for further proceedings. While the ruling addressed the timeliness of the plaintiff’s whistleblower retaliation claims, the decision provided important guidance on the application of CEPA’s one-year statute of limitations and the continuing violation doctrine.

Background

The case arose from a lawsuit filed by Cynthia Ham, an attorney who served as an ethics, risk, and compliance advisor for Novartis. Ham alleged she was retaliated against for raising concerns about three areas that she believed involved illegal discount...

Read Full Story: https://news.google.com/rss/articles/CBMixwFBVV95cUxOTldOZ2kxY3dGaXVYbXVqdnZM...