Balducci v. Cige, ___ N.J. Super. ___ (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 to bring suit under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq. (“LAD”).  Such cases are normally handled on a contingency, but the agreement at issue here went well beyond that.  Every attorney, even those who do not handle LAD or other contingent matters, can learn from this opinion, which tackles ethical...

Serico v. Rothberg, ___ N.J. ___ (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 attorneys’ fees and litigation expenses in addition to the “high” amount, plaintiff could not be awarded such fees and expenses under Rule 4:58.  Plaintiff sought and obtained review by the Supreme Court.  Today, the Court affirmed in a unanimous opinion by Justice Fernandez-Vina. Justice Fernandez-Vina observed that...

United States of America ex rel. Palmer v. C&D Technologies, Inc., ___ F.3d ___ (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 relator’s counsel.  The decision went through questions as to appropriate hourly rates, the reasonableness of hours claimed, and the level of success achieved.  Ultimately, the panel affirmed the District Court’s decision on all but a “fees on fees” issue, which was remanded for further consideration. Fee awards generally are...