A major Appellate Division argument, appellate briefing, and other work has interfered with keeping up with the courts during December. So it’s time for one of this blog’s periodic “catch-up” posts. Here, in summary, is some of what the Supreme ...
Balducci v. Cige, 456 N.J. Super. 219 (App. Div. 2018). This opinion by Judge Nugent today affirmed a trial level decision, after a plenary hearing, that voided a retainer agreement between the defendant attorney and the plaintiff client for defendant ...
Serico v. Rothberg, 234 N.J. 168 (2018). As discussed here, last year, the Appellate Division ruled in this medical malpractice case that a “high-low agreement” is a contract, and that where the agreement did not provide for plaintiff to recover ...
United States of America ex rel. Palmer v. C&D Technologies, Inc., 897 F.3d 128 (3d Cir. 2018). Today’s opinion by Judge Greenberg (no relation) in a False Claims Act case involved the issue of an attorneys’ fee award to the ...
Carroll v. E One, Inc., 893 F.3d 139 (3d Cir. 2018). Near the start of his opinion in this case, Chief Judge Smith observed that “[a]ttorneys’ fees and costs are typically not awarded when a matter is voluntarily dismissed with ...
Brunt v. Board of Trustees, Police & Firemen’s Retirement System, 455 N.J. Super. 357 (App. Div. 2018). In general, except as specified by statute, court rule, or a contract between parties, New Jersey follows the “American Rule,” under which litigants ...
Giarusso v. Giarusso, 455 N.J. Super. 42 (App. Div. 2018). This opinion by Judge Geiger today involved an application for attorneys’ fees in a matrimonial matter by a well-known North Jersey firm. The firm had represented the plaintiff wife in ...
Empower our Neighborhoods v. Guadagno, 453 N.J. Super. 565 (App. Div. 2018). This was an election case under the federal and New Jersey civil rights acts, both of which provide attorneys’ fee-shifting in favor of a prevailing plaintiff. At the ...
Due to an unusual amount of business travel (alas, only to three cold-weather locations) and a hefty appellate brief, I have not been able to keep up with the courts in recent weeks. Here is a belated, and far from ...
The Supreme Court has granted review in four more cases. In Cherokee LCP Land, LLC v. City of Linden Planning Bd., the question presented, as phrased by the Supreme Court Clerk’s Office, is “Do plaintiffs have a sufficient interest in ...