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...

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