On September 4, 2013, the New Jersey Appellate Division in Lippman v. Ethicon, Inc., Docket No. L–9025–06, 2013 WL 4726834 (App. Div. September 04, 2013), reversed a ruling by the Superior Court, Law Division granting summary judgment to the defendant employers and dismissing plaintiff’s claim under New Jersey’s Conscientious Employee Protection Act (CEPA) on the grounds that the plaintiff had “failed to show that he performed a whistle-blowing activity” where plaintiff’s job responsibilities included alerting his employer to potential safety issues related to the defendants’ drugs and products.  In the Appellate Division’s view, an employee’s job title or job responsibilities should not be considered “outcome determinative”  when deciding whether a plaintiff has made out a cognizable claim under New Jersey’s Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19–1 to –8.