A Court Rules-Based Attorneys’ Fee Appeal for the Supreme Court

The Supreme Court announced today that it has granted certification in Hansen v. Rite Aid Corp. The issue presented, as phrased by the Supreme Court Clerk’s office, is “When a trial court awards attorney’s fees to a prevailing party under a statutory fee-shifting provision, may it award fees for prior appellate work in the matter if the party did not file a counsel fee motion with the appellate court?” Affirming the ruling of the Law Division on this and other aspects of plaintiff’s fee application in this Law Against Discrimination case, an unpublished opinion by a two-judge Appellate Division panel ruled that the appellate fee request was barred by Rule 2:11-4, “which requires that motions for counsel fees related to an appeal be filed in the Appellate Division within ten days after the termination of the appeal.”