This week’s oral argument of the week comprises appeals involving awards of attorneys’ fees in three different cases. In two of the cases, appellants argue that fee awards should be reduced or reversed entirely. In the third appeal, appellant contends that the trial court’s fee award was insufficient and should be increased by the Appellate Division.
Tomorrow, a panel of Part E will hear argument in In re Estate of Tyrone May, Sr. There, appellant contends that the Chancery Division abused its discretion in awarding attorneys’ fees against appellant in that probate matter, as (according to appellant) fees were incurred for work that was unnecessary and improper. The briefs on this appeal are available here. In Sipko v. Koger, Inc., an appeal that will be heard on Wednesday, October 9 by a panel of Part B, appellant also asserts that the fee awarded by the Chancery Division there is improper and excessive. The amount involved there, however, far exceeds what is at issue in May. The briefs in the Sipko appeal can be found here.
The final appeal, Herrera-Jerez v. Hyundai Motor America a/k/a Hyundai USA, which will be heard by a panel of Part C on Thursday, October 10, goes the other way. There, appellant in a consumer case contends that the Law Division unwarrantably reduced her counsel’s fee request. The briefs in that matter are available here.
Attorneys’ fee appeals, seeking either a reduction or an increase in fees, are always challenging, given the limited scope of review. Any or all of these appeals may make interesting viewing, through this link.