Noren v. Heartland Payment Systems, Inc., ___ N.J. Super. ___ (App. Div. 2017).  In Abbamont v. Piscataway Tp. Bd. of Educ., 238 N.J. Super. 603 (App. Div. 1990), aff’d, 138 N.J. 405 (1994), the Appellate Division ruled that there was no right to a jury trial under the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -14 (“CEPA”).  Thereafter, the Legislature amended CEPA to provide expressly that “a jury trial shall b

DeGarmeaux v. DNV Concepts, Inc., ___ N.J. Super. ___ (App. Div. 2016).  As Judge Manahan stated in his opinion for the Appellate Division in this case, “[t]he issue of reasonbleness of counsel fees has been the subject of numerous decisions.”  This opinion addressed what the panel viewed as an issue of first impression:  “whether prevailing plaintiffs in a Consumer Fraud Act (CFA) action are entitled to attorney’s fees incurred in defense of a counterc

Raab v. City of Ocean City, 833 F.3d 286 (3d Cir. 2016).  In this case under the Civil Rights Act, 42 U.S.C. §1983, both plaintiff and the defendant municipality claimed to be the “prevailing party” and therefore sought an award of attorneys’ fees under 42 U.S.C. §1988.  The case arose out of a physical confrontation between plaintiff and a municipal police officer, Ruch.  Plaintiff sued Ruch and the City.  Both defendants sought summary judgment.  The Distric