Preventive Medicine of New Jersey v. New Jersey Turnpike Authority

CourtNew Jersey Superior Court Appellate Division
DecidedDecember 2, 2025
DocketA-1805-24
StatusUnpublished

This text of Preventive Medicine of New Jersey v. New Jersey Turnpike Authority (Preventive Medicine of New Jersey v. New Jersey Turnpike Authority) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Preventive Medicine of New Jersey v. New Jersey Turnpike Authority, (N.J. Ct. App. 2025).

Opinion

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1805-24

PREVENTIVE MEDICINE OF NEW JERSEY, GEORGE MELLENDICK, M.D. and KRISTEN KENT, M.D.,

Plaintiffs-Appellants,

v.

NEW JERSEY TURNPIKE AUTHORITY, DISHANT PATEL, R.N. and KAREN SPOONER, R.N.,

Defendants-Respondents. _____________________________

Argued October 6, 2025 – Decided December 2, 2025

Before Judges Sabatino, Natali, and Bergman.

On appeal from an interlocutory order of the Superior Court of New Jersey, Law Division, Middlesex County, Docket No. L-3637-24.

Steven I. Adler argued the cause for appellants (Mandelbaum Barrett, PC, attorneys; Steven I. Adler and Frank A. Custode, of counsel and on the briefs). Thomas A. Abbate argued the cause for respondents (Decotiis, Fitzpatrick, Cole & Giblin, LLP, attorneys; Thomas A. Abbate and William J. Hamilton, on the brief).

PER CURIAM

On leave granted, plaintiffs Preventive Medicine of New Jersey (PMNJ),

George Mellendick, M.D., and Kristen Kent, M.D., appeal from a January 17,

2025 order denying, on a without prejudice basis, their application to disqualify

DeCotiis, Fitzpatrick, Cole & Giblin, LLP (Decotiis), as counsel for defendants

New Jersey Turnpike Authority (NJTA), Dishant Patel, R.N. and Karen

Spooner, R.N., under Rules of Professional Conduct (RPCs) 1.7 and 3.7. After

considering the parties' arguments against the record and applicable legal

principles, we affirm.

NJTA provides medical services to its employees at a clinic in its

Woodbridge offices. NJTA contracted with Hackensack Meridian Health

(HMH), which, in turn, subcontracted with PMNJ to operate the clinic. PMNJ

is owned by Dr. Mellendick, who is the medical director of the clinic and who

is also responsible for oversight of the clinical staff. Dr. Mellendick hired Dr.

Kent to assist in providing medical services at the clinic when he was

unavailable. Neither Dr. Mellendick nor Dr. Kent are employees of NJTA. The

A-1805-24 2 relationship between NJTA and PMNJ is determined exclusively by the contract

between NJTA and HMH, and, by extension, by PMNJ's subcontract with HMH.

Nurses Patel and Spooner are NJTA employees who are assigned to the

clinic as senior registered nurses. In September 2023, they filed an internal

grievance about NJTA with their union regarding concerns about PMNJ's

management. In addition, Nurse Patel filed a gender discrimination, harassment,

and retaliation claim against Dr. Kent with NJTA's Equal Employment

Opportunity (EEO) office. As a result of that filing, NJTA promptly commenced

an internal investigation and retained two lawyers at the DeCotiis firm to act as

outside investigators. During the investigation, NJTA barred Dr. Kent from the

clinic. Dr. Kent nevertheless fully cooperated with the investigation.

According to the parties, at the conclusion of Decotiis' investigation and

upon receipt of its final report, NJTA determined, in a written February 9, 2024

letter, that Dr. Kent's actions "did not amount to discrimination based upon sex

nor did [she] create a hostile work environment based on a protected class."1

According to NJTA, despite its conclusion that Dr. Kent did not discriminate or

create a hostile work environment, upon "further consideration by NJTA

1 The parties did not include the February 9, 2024 letter, or the report, in the record before us. A-1805-24 3 management, it was determined that there was a personality conflict, non-

discriminatory hostility between Dr. Kent and NJTA's employed nurses, and

suboptimal management of the clinic by PMNJ that required remediation."

After learning Nurse Patel's claims of discrimination were not sustained,

that same day, Dr. Mellendick requested NJTA reinstate Dr. Kent. NJTA

declined and, in a follow-up letter to plaintiffs, informed him that because of the

non-discriminatory workplace conflict that remained, it would not be in patients'

best interests if Dr. Kent continued to provide services at the clinic. NJTA

accordingly requested that HMH and PMNJ identify a different acceptable

physician within their practice to provide services under the subcontract. HMH

complied and provided replacement coverage.

Plaintiffs thereafter filed a five-count complaint against defendants,

alleging:

(1) tortious interference with PMNJ's contract with HMH and prospective economic advantage with it and others; (2) tortious interference with contract and prospective economic advantage as to Dr. Kent's relationship with PMNJ; (3) hostile work environment under the New Jersey Law Against Discrimination ("NJLAD"); (4) defamation and defamation per se; and (5) intentional and/or negligent infliction of emotional distress.

A-1805-24 4 They accused Nurses Patel and Spooner of engaging in "inappropriate

conduct," culminating with the filing of their aforementioned grievances "as a

ploy to protect themselves from being terminated for poor performance and

insubordination . . . ." Because of their conduct, which allegedly became "more

audacious" after the Decotiis investigation and report, plaintiffs alleged Dr. Kent

and Dr. Mellendick were subject to "a hostile work environment and caused

significant damages . . . ."

Plaintiffs further contended defendants' conduct caused "emotional

distress, damage to their reputations, and probable difficulties with renewing

medical licenses, renewing hospital credentials, and obtaining other jobs. "

Plaintiffs also maintained the nurse defendants' conduct interfered with the

relationships between NJTA, PMNJ and HMH and "could result in [HMH] not

renewing its contract with PMNJ."

After receiving plaintiffs' complaint, NJTA stated it "considered and

ultimately did not credit PMNJ's allegations." According to defendants, HMH,

nevertheless, made the independent decision to not renew its subcontract with

PMNJ when it expired in September 2024. HMH now directly provides

necessary services and physician coverage through its own healthcare system

that supervises the onsite medical clinic.

A-1805-24 5 DeCotiis, representing both NJTA and Nurses Patel and Spooner, filed a

motion to dismiss the complaint for failure to state a claim upon which relief

can be granted pursuant to Rule 4:6-2(e). In response to defendants' application,

plaintiffs filed a cross-motion to disqualify DeCotiis from representing any of

the defendants, based upon its alleged concurrent conflict of interest under RPC

1.7(a)(1) and (2), and because its attorneys will be "necessary" and "likely"

witnesses in violation of RPC 3.7(a).

After considering the parties' written submissions and oral arguments, the

court denied plaintiffs' application to disqualify Decotiis without prejudice and

explained its decision in an oral opinion. The court first found plaintiffs failed

to carry their burden to disqualify DeCotiis at such an early stage of the

proceedings. As the court explained, "we have a complaint, [but] . . . [t]here's

nary a document [produced] or deposition . . . taken." The court also noted once

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re Dolan
384 A.2d 1076 (Supreme Court of New Jersey, 1978)
State v. Tanksley
585 A.2d 973 (New Jersey Superior Court App Division, 1991)
City of Atlantic City v. Trupos
992 A.2d 762 (Supreme Court of New Jersey, 2010)
Herbert v. Haytaian
678 A.2d 1183 (New Jersey Superior Court App Division, 1996)
State v. Morelli
377 A.2d 774 (New Jersey Superior Court App Division, 1977)
Reardon v. Marlayne, Inc.
416 A.2d 852 (Supreme Court of New Jersey, 1980)
State v. Irizarry
639 A.2d 305 (New Jersey Superior Court App Division, 1994)
Twenty-First Century Rail Corp. v. New Jersey Transit Corp.
44 A.3d 592 (Supreme Court of New Jersey, 2012)
Kramer v. Ciba-Geigy Corp.
854 A.2d 948 (New Jersey Superior Court App Division, 2004)
Dewey v. R.J. Reynolds Tobacco Co.
536 A.2d 243 (Supreme Court of New Jersey, 1988)
In Re Review of Opinion 552 of Advisory Committee on Professional Ethics
507 A.2d 233 (Supreme Court of New Jersey, 1986)
McDaniel v. Man Wai Lee
17 A.3d 816 (New Jersey Superior Court App Division, 2011)
State of New Jersey v. David Hudson
128 A.3d 739 (New Jersey Superior Court App Division, 2015)
The Estate of Francis P. Kennedy v. Stuart A.
149 A.3d 5 (New Jersey Superior Court App Division, 2016)
New Jersey Division of Child Protection and Permanency
149 A.3d 816 (New Jersey Superior Court App Division, 2016)
Hill v. New Jersey DepartMent of Corrections Commissioner
776 A.2d 828 (New Jersey Superior Court App Division, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
Preventive Medicine of New Jersey v. New Jersey Turnpike Authority, Counsel Stack Legal Research, https://law.counselstack.com/opinion/preventive-medicine-of-new-jersey-v-new-jersey-turnpike-authority-njsuperctappdiv-2025.