Eric Magnelli
Practice Areas
Bar and Court Admissions
  • New Jersey
  • New York
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
Education
  • Seton Hall University School of Law, J.D.
  • Seton Hall University’s John C. Whitehead School of Diplomacy & International Relations, M.A.
  • Dominican College, B.A.
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Eric Magnelli, Counsel

973.403.3110 · 973.618.5550 Fax · emagnelli@bracheichler.com

Eric Magnelli concentrates his practice on 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. Additionally, 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, and restrictive covenant violations.

Eric served on active duty with the United States Marine Corps infantry and was honorably discharged with the rank of Sergeant in 1998. 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 Medals, 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, The 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, Haiti. 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.

Notable Matters
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  • Goldrich v. Jersey City, et al., Civil Action No. 15-885 (D.N.J.) (Secured a unanimous Jury verdict for Defendant Jersey City and its Public Safety Director in a whistleblower action)
  • Goldrich v. Jersey City, et al., 2018 WL 4489674 (D.N.J. Sept. 19, 2018) (Obtained sanctions against Plaintiff for his spoliation of evidence, which included an adverse inference jury instruction and legal fees)
  • Goldrich v. Jersey City, et al., 2017 WL 6209205 (D.N.J. Dec. 8, 2017) (Obtained summary judgment for Defendants on federal/state political retaliation and first amendment claims)
  • Lang v. City of Jersey City, et al. 2018 WL 2921879 (App. Div. June 4, 2018) (Obtained a reversal of trial court’s denial of summary judgment against Jersey City Police Captain, thereby dismissing Plaintiff’s civil rights, malicious prosecution and false arrest claims)
  • Nacirema Demolition & Recycling v. N.J. Building Laborers Statewide Benefit Funds, Civil Action No. 18-2692 (D.N.J.) (Received preliminary injunction preventing arbitration proceedings sought by Benefit Funds)
  • ONF Systems v. Cargomatic, 2018 WL 1087500 (D.N.J. Feb. 27, 2018) (Obtained a pre-discovery dismissal of Plaintiff’s breach of contract claims)
  • Jacobs v. Mark Lindsay and Son Plumbing & Heating, Docket No. ESX-L-3120-14 (Awarded summary judgment for Plaintiff on consumer fraud claims)
  • Veteran Call Center v. Hammerman & Gainer, 2016 WL 1587404 (D.N.J. Apr. 19, 2016) (Awarded summary judgment on liability for a breach of contract claim related to Superstorm Sandy-related services performed by a Service Disabled Veteran/Minority Business Enterprise)
  • 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)
  • 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)
Insights
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Blog
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Labor and Employment Blog  February 16, 2019
Magnelli And Markowitz Secure Significant Defense Verdict
Labor and Employment Blog  June 25, 2018
Regulatory Updates
Labor and Employment Blog  March 28, 2018
HR Tip of the Month: Autism Awareness Month
Labor and Employment Blog  November 17, 2017
2018 Qualified Plan Limits
Labor and Employment Blog  June 5, 2017
New York City Passes Ban On Salary History Inquiries
Labor and Employment Blog  February 9, 2017
Use of New Form 1-9 Required
Labor and Employment Blog  January 31, 2017
HR Tip of the Month: Handbooks Are Only Useful When Used
Labor and Employment Blog  January 26, 2017
Brach Eichler Benefits Review
Labor and Employment Blog  January 10, 2017
Morristown Paid Sick Leave Ordinance Goes Into Effect