John Boppert, Counsel, focuses his practice in the areas of Education Law and Litigation, representing public school boards of education in all subject matters affecting their operation, with an emphasis on Tenure Law. John also practices in the area of Public Pension Law, focused on appeals from determinations of non bona fide retirement.
John’s recent experience in Education Law includes successful prosecution, with lead counsel, of more than a dozen tenure petitions under the TEACHNJ Act, through trial and post-hearing briefs, including document review, drafting pleadings, discovery and motion practice, for numerous school board employers. John has also successfully participated in defending the interests of school boards against various employee grievances, including obtaining withdrawal or restraint of binding arbitration of grievances, contesting decisions to non-renew and withhold salary increments, and successfully obtaining a grievance arbitration decision upholding a school board’s decision to terminate a non-tenured employee for conduct unbecoming
John’s specialization in Public Pension Law includes drafting, filing and arguing an appeal from pension board’s determination, extensive settlement negotiations with pension board, and extensive discovery and motion practice in the Office of Administrative Law, including motion for summary decision.
John has extensive litigation experience including: as lead counsel for defendant-employer city, successfully obtaining grant of post-trial motion for new trial on issues of liability and damages, on retired employee’s complaint and jury award of back pay under De Facto Officer Statute; successfully blocking plaintiff’s declaratory judgment action against city seeking enforcement of third-party indemnification claim of police against self-insured city; on brief for defendant-employer city, successfully obtaining restraint of binding arbitration of employee union’s grievance asserting employer violated parties’ negotiations agreement by not filling vacancies and by failing to maintain staffing levels; as lead counsel for defendant-employer city, successfully obtaining New Jersey Federal District Court’s grant of summary judgment dismissing plaintiff’s excessive force and false arrest complaint against city; as second chair for defendant city, successfully obtaining no-cause jury verdict in favor of defendant city on claims including violations of NJLAD, hostile work environment, retaliation, violations of § 1983, N.J. Constitution, and N.J. Civil Rights Act; as lead counsel for defendant-employer township, successfully obtaining, in published decision in a case of first impression in New Jersey, Appellate Division’s affirmance of trial court’s grant of summary judgment dismissing union’s complaint, which challenged employer’s refusal to grant request to use compensatory time off on date certain, under the Fair Labor Standards Act.
Before joining Schwartz Edelstein Law Group, John practiced public and private sector labor and employment law, including extensive experience representing municipal employers in federal and state courts, state agency and civil service proceedings, and administrative hearings. John has also represented public school employees and employee bargaining units in administrative hearings, arbitration, federal and state agency and civil service proceedings, as well as employment discrimination cases in federal and state courts.