Credit: niroworld / Shutterstock.com Employers' Entitlement to Legal Fees: Is It Time to Tilt Back the NJLAD Playing Field?
Fee-shifting incentivizes plaintiffs' employment lawyers to accept specious cases, knowing that most employers settle because they cannot afford both defense costs and the risk of having to pay plaintiffs' legal fees. How can this problem caused by fee-shifting be ameliorated?
August 18, 2022 at 02:00 PM
7 minute read
Based upon empirical data, there seems to be fewer meritorious discrimination cases these days and a rash of questionable and even frivolous lawsuits. One explanation is that employers are better informed of their legal obligations while fee-shifting—with the possibility of enhanced fees under Rendine v. Pantzer, 141 N.J. 292 (1995)—incentivizes plaintiffs' employment lawyers to accept specious cases knowing that most employers settle because they cannot afford both defense costs and the risk of having to pay plaintiffs' legal fees.
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