In a groundbreaking decision on an issue of first impression, the New Jersey appellate court has held that a plaintiff may proceed with a punitive damages claim against her former employer despite the fact that a jury found that she failed in proving the common law tort of intentional infliction of emotional distress under New Jersey law. Rusak v. Ryan Automotive, L.L.C., No. A-2002-09T1 (N.J. Super. Ct. App. Div. Feb. 8, 2011).