New Jersey Superior Court Denies Longshoreman's Motion to Quash Waterfront Commission Subpoena
July 25, 2012
On July 25, 2012, the New Jersey Superior Court, Law Division, denied the motion by longshoreman Arthur Capuano to quash the Commission's subpoena requiring his appearance for the purposes of taking a drug test. Capuano, who was represented by attorney George T. Daggett, Esq., argued that the subpoena was unreasonable because it required his appearance the following day. Even though the Commission afforded him an additional day within which to appear, Capuano maintained that the subpoena violated his due process rights because he was denied the opportunity to consult with counsel regarding the subpoena. The Court rejected this argument, finding that there was no due process violation or other fundamental unfairness. The Court held that the Commission had provided Capuano with sufficient notice to appear, and adequate opportunity to consult with counsel. Accordingly, the Court refused to quash the Commission's subpoena compelling Capuano to appear for a drug test.