Bar & Court Admissions
- New Jersey
- New York
- United States Court of Appeals for the Second Circuit
- United States District Court for the District of New Jersey, 2007
- United States Court of Appeals for the Third Circuit, 2007
- United States District Court for the Southern District of New York, 2008
- United States District Court for the Eastern District of New York, 2008
- Seton Hall University School of Law, J.D.
- Dominican College, B.A., 2003
- Seton Hall University's John C. Whitehead School of Diplomacy & International Relations, MA
Eric Magnelli concentrates his practice in labor and employment matters and a broad range of complex litigation. He counsels clients on a wide range of labor and employment issues such as discrimination, harassment, whistleblowing, discipline and discharge, layoffs, collective bargaining agreements, reasonable accommodations for disabled employees, compliance with state and federal family and medical leave acts, applicable wage and hour laws and ERISA. He also conducts training in these areas for executives, directors, managers, supervisors and employees and conducts internal investigations of employee complaints. Eric drafts and provides advice on employment contracts, employment manuals, personnel policies and procedures, restrictive covenants and severance agreements.
In litigation matters, Eric represents clients in New Jersey and New York federal and state courts, arbitrations and before various administrative agencies. In addition to litigating all types of employment related claims, he represents clients in lawsuits arising from construction disputes, business torts, contract disputes, environmental contamination, and restrictive covenant violations.
Recent successes included:
- Granting of summary judgment dismissing Plaintiff's CEPA and Public policy claims in a New Jersey State Court action.
- Dismissal of all claims in a New York City Court action against a New Jersey manufacturer, which included allegations of fraud, breach of contract and breach of warranty.
- Dismissal of a CERCLA section 113 claim and common law claims for nuisance in a New Jersey federal court action against a New Jersey Fortune 100 company.
- Obtaining an award for plaintiff trustees of a profit sharing plan in excess of 1 million dollars in connection with an ERISA breach of fiduciary duty action in New Jersey federal court.
- Obtaining a denial of employee grievances after an arbitration hearing relating to a Collective Bargaining dispute regarding the effective date of hire for seasonal employees who progress to regular employee status.
- Obtaining an award for payment of a child's college tuition after a trial in New York State family court.
- Granting of summary judgment on all claims in connection with a breach of a promissory note brought by a small New Jersey company in New Jersey state court.
- Obtaining a Final Judgment and an award of damages for services performed by a small New Jersey company.
- Chaaban v. Criscito, 2011 WL 3211556 (D.N.J. 2011), aff’d 468 Fed.Appx. 156 (3d Cir. 2012) (granting summary judgment for plaintiff’s breach of fiduciary duty claim and dismissing all of defendant’s claims)
- Chaaban v. Criscito, 2013 WL 1737689 (D.N.J. 2013) (awarding over 1 million dollars in attorneys’ fees and costs in connection with plaintiffs’ claim for breach of fiduciary duty)
- Dandana, LLC v. MBC FZ-LLC, 2011 WL 5412952 (D.N.J. 2011), aff’d 2012 WL 6634902 (3d Cir. 2012) (affirming on appeal the District Court’s granting of summary judgment dismissing all of plaintiff’s claims, which included fraud, breach of contract and unjust enrichment)
- Dandana, LLC v. MBC FZ-LLC, 2012 WL 6634902 (D.N.J. 2012) (denying plaintiff’s motion to vacate the Final Judgment)
- Queens West Development Corp. v. Honeywell Int’l Inc., 2011 WL 3625137 (D.N.J. 2011) (dismissing plaintiff’s claims for CERCLA section 113 liability and nuisance)
- Donald H. Rumsfeld v. Forum for Academic and Institutional Rights, 544 U.S. 1017 (2005) (in support of the Government’s reversal of the Third Circuit’s ruling that the Solomon Amendment was unconstitutional. The Solomon Amendment requires that in order for law school and its university to receive federal funding, the law school must offer military recruiters the same access to its campus and students that it provides to the nonmilitary recruiter receiving the most favorable access)
- OSHA Inspections: Your Rights and What to Expect Before, During and After an Inspection (December 2014)
- Employee Classifications, Overtime Exemptions and Individual Liability under the FLSA and NJ Wage and Hour Law (March 2014)
- Anti-Harassment/Discrimination Training for Employees (March 2014)
- Don’t Ask, Don’t Interview – Interview regarding the Solomon Amendment, The National Jurist (January 2006 v.15 no.4
- Role of the Creditor's Committee Counsel, Navigating FiberMark Issues, 2007 Bankruptcy Bench Bar Conference (April 2007)
- Employer Monitoring of the Workplace and Employees' Expectation of Privacy (April 2010)
- Document Retention Policies and Electronically Stored Information (April 2011)
ADDITIONAL NOTEWORTHY INFORMATION
Eric served on active duty with the United States Marine Corps infantry and was honorably discharged with the rank of Sergeant. During his tour of duty, Eric conducted security operations, riot control and refugee handling in Guantanamo Bay, Cuba. Eric was awarded and received various honors that included meritorious promotions to Corporal and Sergeant, Navy and Marine Corps Achievement Medal, Humanitarian Service Medal, Certificate of Commendation, two National Defense Service Medals, Joint Meritorious Unit Citation, Navy Meritorious Unit Citation, Armed Forces Service Medal, NCO of the Quarter, Good Conduct Medal, Overseas Service Ribbon and two Sea Service Deployment Ribbons. Eric was deployed twice throughout the Far East, which included military operations in Indonesia, Thailand, Philippines, Singapore, Malaysia and Okinawa.
In law school, Eric was a co-founder of the Haiti Rule of Law Association, which provided aid and assistance to law students in Jeremie Hall. In 2005, Eric was selected to travel to Haiti with a selected group of Seton Hall law students and faculty to meet and provide further assistance to their counterparts in Jeremie.
- New Jersey Manufacturing Extension Program Advisory Board
- North Essex Chamber of Commerce Board of Directors