March 11, 2021, Springfield, NJ– Andrew M. Moskowitz, Esq., a Partner in Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, was successful in a case involving an employee who left his job in reliance on a promise of employment. In affirming the Appellate Division’s holding in relevant part, the New Jersey Supreme Court held that New Jersey’s Uniform Securities Law did not bar the employee’s claim in connection with a rescinded job offer.
In Goldfarb v. Solimine, the employee, Jed Goldfarb, had been working as a research analyst for an investment firm when he met the Defendant David Solimine. Mr. Goldfarb alleged that, in reliance on the defendant’s verbal promise of employment, he left his job. Thereafter, the offer of employment was rescinded. A lawsuit was subsequently filed in which Mr. Goldfarb contended that, due to his reliance on Solimine’s offer of employment, he had suffered damages
Mr. Moskowitz originally tried the case in July 2016 and obtained a verdict on behalf of the plaintiff. However, because the lower court imposed a cap on damages and due to a variety of other issues, he appealed the case to the Appellate Division. In June 2019, the Appellate Division affirmed the verdict as to liability but concluded that Mr. Goldfarb “was entitled to present evidence of his reliance damages.” It therefore remanded the case for a new trial on damages.
In relevant part, the New Jersey Supreme Court affirmed the Appellate Division’s holding upholding the jury’s finding of liability and held that the matter should be remanded “for a new trial for an appropriate assessment of plaintiff’s reliance damages.”
The case is Goldfarb v. Solimine, A-24-19/083256 (Feb. 18, 2021) (available at https://njcourts.gov/attorneys/assets/opinions/supreme/a_24_19.pdf)
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