NJ Appellate Law Blog

Can Lawyers Who Sue Clients for Fees Recover Attorneys' Fees for Representing Themselves, and What Interest Rate Can They Collect?

The Supreme Court announced today that it will review the not for publication decision in Kern Augustine Conroy & Schoppmann, P.C. v. DiDonato. As phrased by the Supreme Court Clerk's Office,...

A Wise Application of the Supreme Court's Directives Regarding Awards of Attorneys' Fees

Grow Company, Inc. v. Chokshi, 424 N.J. Super. 357 (App. Div. 2012). This is yet another in what seems to be an endless stream of appeals of awards of attorneys' fees. That...

When Can a Prevailing Defendant in a Fee-Shifting Case Where Some, But Not All, Claims Were Frivolous Get Attorneys' Fees?

Fox v. Vice, 131 S.Ct. 2205 (2011). The Civil Rights Act, 42 U.S.C. §1983, includes a fee-shifting provision, 42 U.S.C. §1988. Most often, it is a prevailing plaintiff who seeks...

Attorneys' Fees Under the "Fund in Court" Doctrine

Porreca v. City of Millville, 419 N.J. Super. 212 (App. Div. 2011). Rule 4:42-9(a)(2) permits recovery of attorneys' fees from a "fund in court." Porreca, a decision written by Judge Axelrad, held that the...

If You Seek Fees, You Must Follow the Rules Even in Small Cases

Hillcrest Garden, Inc. v. Victorian Florist, Inc., 2010 WL 4137191 (App. Div. Oct. 22, 2010). In this credit contract appeal, the agreement provided for "reasonable attorneys' fees of 25% of...

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Catching Up Again: Four Opinions

Due to the press of other work, it's been awhile since this blog reported on Supreme Court and published Appellate Division decisions. There are four opinions to discuss, one of which addressed two cases in a single ruling. Here are summaries:...

Appellate Division Oral Argument of the Week: Must Representative Actions Under the New Jersey Wage and Hour Law or the Prevailing Wage Act Satisfy Rule 4:32, Which Governs Class Actions?

On Thursday, March 12, the Appellate Division will hear oral argument in Martinez v. T. Slack Environmental Services, Inc. The issue on appeal is whether plaintiff's lawsuit, predicated on the New Jersey Wage and Hour Law, and the Prevailing Wage Act, must satisfy the criteria of Rule 4:32, the class action rule. The Law Division found that unnecessary....

Appellate Division Oral Argument of the Week: Must Representative Actions Under the Wage and Hour Law or the Prevailing Wage Act Satisfy Rule 4:32, Which Governs Class Actions?

On Thursday, March 12, the Appellate Division will hear oral argument in Martinez v. T. Slack Environmental Services, Inc. The issue is whether plaintiff's lawsuit, predicated on the New Jersey Wage and Hour Law, and the Prevailing Wage Act, must satisfy the criteria of Rule 4:32, the class action rule. The Law Division found that unnecessary....

Two Land Use Decisions by the Appellate Division

This week began with two published opinions by the Appellate Division in different areas of municipal land use. Here are summaries:...