Attorneys fees

Two From the Appellate Division (Both by Judge Hoffman)

Kravitz v. Murphy, ___ N.J. Super. ___ (App. Div. 2021); Johnson v. McClellan, ___ N.J. Super. ___ (App. Div. 2021). The Kravitz case, in which Judge Hoffman authored the panel’s ...

Conversion Therapy Providers Must Pay Damages Provided for in a Settlement Agreement for Breaching That Agreement and Violating a Related Injunction

M.F. v. JONAH (Jews Offering New Alternatives for Healing f/k/a Jews Offering New Alternatives to Homosexuality), _2021 N.J. Super. LEXIS ______ (App. Div. 2021). [Disclosure: I argued this appeal for ...

Ancillary Settlement Jurisdiction

Butt v. United Brotherhood of Carpenters & Joiners of America, ___ F.3d ___ (3d Cir. 2021). This opinion by Judge Hardiman involved an attorneys’ fee dispute. In the underlying consolidated ...

Pre-Marital Agreements, Mid-Marital Agreements, Property Settlement Agreements, and (Today’s Case) Agreements in the Nature of a Mid-Marital Agreement

Steele v. McDonnell Steele, ___ N.J. Super. ___ (App. Div. 2021). Judge Enright’s decision for the Appellate Division in this case today involved an appeal of the Family Part’s enforcement ...

Attorneys’ Fees Under the Common Law Right of Access

Gannett Satellite Information Network, LLC v. Township of Neptune, ___ N.J. Super. ___ (App. Div. 2021). Prudent practitioners who file cases under the Open Public Records Act, N.J.S.A. 47:1A-1 et ...

Attorneys’ Fees Improper Where Neither Contract, Statute, Court Rule, Nor the Equities Supported a Fee Award

Tarta Luna Properties, LLC v. Harvest Restaurants Group, LLC, ___ N.J. Super. ___ (App. Div. 2021). In summary, the parties entered into a long-term lease of a restaurant space, to ...

Former Rutgers Graduate Student Can Obtain His Own Student Records Under OPRA

Doe v. Rutgers, the State University of New Jersey, ___ N.J. Super. ___ (App. Div. 2021). Today, the Appellate Division, speaking through Judge Sumners, issued a decision under the Open ...

Attorneys Whose Retainer Agreements Include Mandatory Arbitration for Malpractice Claims or Fee Disputes Must Explain the Arbitration Clause to the Client Up Front

Delaney v. Dickey, ___ N.J. ___ (2020). Justice Albin’s opinion for a unanimous Supreme Court in this case today is an important one for attorneys and their clients. The Court ...

Personal Jurisdiction by New Jersey State Courts Over Out-of-State Counsel Admitted Pro Hac Vice in New Jersey Federal Court

Zahl v. Eastland, 465 N.J. Super. 79 (App. Div. 2020). [Disclosure: I have represented the defendants in this matter.] Judge Messano’s opinion for the Appellate Division in this case today ...

A Lesson About Class Counsel’s Attorneys’ Fees From Judge Gooden Brown

Seigelstein v. Shrewsbury Motors, Inc., 464 N.J. Super. 393 (App. Div. 2020). When class action cases settle with a benefit to the class, class counsel, who normally handle those cases ...