A New Jersey plaintiff firm seeking a 45 percent contingency fee in a student discrimination case—a common arrangement, the firm claims—has twice failed in convincing a court that actions based on statute are not subject to contingency limits set out by court rule.

In a published decision Thursday, the Appellate Division upheld a reduction, from 45 percent to 25 percent, of the contingency fee payable to Costello & Mains, rejecting the Mount Laurel firm’s “contention that the trial court lacked authority to review a consensual contingent fee arrangement in a statutorily based discrimination action in which the plaintiff did not apply for a fee-shifting award against the defendant.”

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