Bermeo v. Bermeo, ___ N.J. Super. ___ (App. Div. 2018).  Today is the second consecutive day on which Judge Firko released a published opinion.  The essence of it is that when parties to a divorce matter negotiate and carefully draft a Property Settlement Agreement (“PSA”), that PSA will control going forward. The plaintiff wife sought to modify the parties’ PSA to increase her alimony payments and establish the marital lifestyle.  The Family Part denied that relief.  The Appellate Division today affirmed that result. Judge Firko observed that the use of agreements to...

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, 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 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...