Carmen J. DiMaria - Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Carmen J. DiMaria

Listed in Best Lawyers since 2009
Phone: 973-656-1600

Carmen J. DiMaria has spent his entire legal career practicing in the area of employment law and litigation, and has represented management exclusively for the past 14 years.  Carmen has defended companies and individual defendants involving claims of wrongful termination, discrimination, harassment (including sexual harassment), retaliation, whistle blowing (including claims under the New Jersey Conscientious Employee Protection Act) and violations of the Family and Medical Leave Act.  Carmen regularly represents clients in federal and state courts as well as in administrative agencies.Carmen also devotes a substantial portion of his practice to protecting his clients’ customer relationships and confidential information by prosecuting and defending cases involving non-competition agreements, non-solicitation agreements, confidential information and trade secret agreements, breaches of employee duty of loyalty, tortious interference and employee raiding.Carmen provides advice and counseling to employers in all aspects of employment law and restrictive covenant law in an effort to prevent litigation before it occurs, and conducts workplace investigations on behalf of employers.Prior to entering private practice, Carmen served as law clerk to the Honorable John E. Keefe, Superior Court of New Jersey, Appellate Division.  Before law school, Carmen worked as an auditor for the national accounting firm of Ernst & Young.     

Rutgers The State University of New Jersey CamdenBS 1988Seton Hall UniversityJ.D. 1993
Sidney Reitman Employment Law Inn of CourtSeton Hall Law ReviewUnion County Bar AssociationNew Jersey Bar Association American Bar Association

Case History

Other Court Admissions
  • United States District Court, District of New Jersey
  • United States District Court, Eastern District of Pennsylvania
  • U.S. Court of Appeals, Third Circuit
Experience
  • Obtained $3 million jury verdict in New Jersey state court on behalf of large watch manufacturer in tortious interference and employee piracy case against competitor
  • Obtained no cause of action jury verdict in age discrimination case by former employee in New Jersey state court on behalf of banking industry client
  • Obtained summary judgment dismissing former employee's national origin discrimination claim on behalf of home health care industry client
  • Obtained summary judgment dismissing former employee’s sexual harassment and retaliation claims in New Jersey federal court on behalf of national hospitality industry client
  • Obtained summary judgment dismissing former employee’s religious discrimination and retaliation claims in New Jersey state court on behalf of national insurance brokerage client (and successfully prevailed on appeal)
Part 2
  • Obtained injunctive relief preventing customer solicitation and use of confidential information by former employees in numerous New Jersey state court cases on behalf of national insurance brokerage client
  • Obtained summary judgment dismissing former employee’s age discrimination, hostile work environment and retaliation claims in New York state court on behalf of national veterinary hospital client
  • Obtained summary judgment dismissing former employee’s race discrimination and retaliation claims in Florida federal court on behalf of national veterinary hospital client
  • Obtained summary judgment dismissing former employee’s national origin discrimination claim in New Jersey state court on behalf of grocery industry client
  • Successfully defended video game event marketing company and individual employees in New Jersey state court against non-competition claims brought by individual employees’ former employer
  • Obtained injunctive relief preventing solicitation of clients and use of confidential information by former employee in Delaware state court on behalf of large real estate brokerage client and obtained award of attorney’s fees against former employee
Part 3
  • Obtained injunctive relief preventing solicitation of patients and use of confidential information by former employee/dentist in Delaware state court on behalf of large dental practice client
  • Obtained summary judgment dismissing former employee’s age and national origin discrimination claims in Virginia federal court on behalf of large watch manufacturing client (and successfully prevailed on appeal) 
  • Obtained summary judgment dismissing former employee’s discrimination claims in Pennsylvania federal court on behalf of large real estate brokerage client
  • Obtained summary judgment dismissing former employee’s race and national origin discrimination claims in New Jersey federal court on behalf of dairy company
  • Obtained countless favorable decisions from administrative agencies, including the Equal Employment Opportunity Commission, New Jersey Division on Civil Rights and Pennsylvania Human Relations Commission, relating to discrimination claims against clients in various industries
  • Obtained injunctive relief requiring former employee to return confidential information and barring him from soliciting customers or employees in New York state court for negotiation consulting company

Office Location

10 Madison Avenue, Suite 400
Morristown, NJ 07960
United States


Practice Areas

Employment Law - Management
Litigation - Labor and Employment