SAVAGE v. TOWNSHIP OF NEPTUNE

Nos. A-2 September Term 2023, 087229

472 N.J. Super. 291

Christine Savage, Plaintiff-Appellant, v. Township of Neptune, Neptune Township Police Department, Michael J. Bascom, in an individual and official capacity, and James M. Hunt, in an individual and official capacity, Defendants-Respondents, and Robert Mangold, in an individual and official capacity, Michael McGhee, in an individual and official capacity, Anthony Gualario, in an individual and official capacity, Kevin O'Donnell, in an individual and official capacity, Vito Gadaleta, in an individual and official capacity, Scott Cox, in an individual and official capacity, Lewis Schlosser, and The Institute for Forensic Psychology, Defendants.

Supreme Court of New Jersey.

Decided May 7, 2024.


Attorney(s) appearing for the Case

Donald F. Burke, Jr. , argued the cause for appellant (Law Office of Donald F. Burke, attorneys; Donald F. Burke , on the briefs).

John D. McCarthy argued the cause for respondents (Schenck, Price, Smith & King, attorneys; John D. McCarthy and Joseph Maddaloni, Jr. , of counsel and on the brief).

Liza B. Fleming , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Matthew J. Platkin , Attorney General, attorney; Angela Cai , Deputy Solicitor General and Mayur P. Saxena , Assistant Attorney General, of counsel, and Liza B. Fleming and Farng-Yi D. Foo , Deputy Attorney General, on the brief).

Andrew Dwyer argued the cause for amicus curiae National Employment Lawyers Association of New Jersey (The Dwyer Law Firm and Bennet D. Zurofsky , attorneys; Andrew Dwyer and Bennet D. Zurofsky , of counsel and on the brief).

Raymond M. Baldino submitted a brief on behalf of amicus curiae New Jersey Education Association (Zazzali, Fagella, Nowak, Kleinbaum & Friedman, attorneys; Raymond M. Baldino , of counsel and on the brief, and Richard A. Friedman , on the brief).

Lauren M. Law submitted a brief on behalf of amicus curiae New Jersey Association for Justice (Folkman Law Offices, attorneys; Lauren M. Law , on the brief).

CJ Griffin submitted a brief on behalf of amicus curiae Libertarians for Transparent Government ( Pashman Stein Walder Hayden , attorneys; CJ Griffin , on the brief).


In this appeal, we consider whether a "non-disparagement provision" in a settlement agreement can stop parties from revealing details relating to claims of discrimination, retaliation, or harassment.

Here, a sergeant filed a lawsuit that accused the police department where she worked, as...

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