Legal Opinion · Dissent

Wilson v. Wal-Mart Stores

Supreme Court of New Jersey

Decided May 3, 1999Published

1DissentGaribaldi, J.

I disagree with the majority, and find that plaintiff, Nancy Wilson, is precluded, pursuant to N.J.S.A. 10:5-27, from filing a civil action under the New Jersey Law Against Discrimination, (“LAD” or the “Law”), N.J.S.A. 10:5-1 to -49, while an action based on the same grievance is pending before the Division of Civil Rights (“Division” or “DCR”). Additionally, I find that plaintiffs complaint against K-Mart is barred by the two-year statute of limitations set forth in Montells v. Haynes, 133 N.J. 282, *279627 A.2d 654 (1993), because any purported reliance by plaintiff on the previous…

2Cases cited19 opinions

  1. Merin v. MaglakiSupreme Court of New Jersey · 1992
  2. Fuchilla v. LaymanSupreme Court of New Jersey · 1988
  3. Montells v. HaynesSupreme Court of New Jersey · 1993
  4. Shaner v. Horizon Bancorp.Supreme Court of New Jersey · 1989
  5. Nat. Org. for Women v. Little League Baseball, Inc.New Jersey Superior Court Appellate Division · 1974

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