NJ Supreme Court Calls for Rule Change Allowing Deadline Exception in Fee-Shifting Cases
"As currently drafted, Rule 2:11-4 invites plaintiffs in LAD cases who are not—and may never be—prevailing parties under N.J.S.A. 10:5-27.1 to file meritless motions for appellate counsel fees in the Appellate Division in order to avoid an argument that they have waived their right to such fees, thus wasting judicial and litigant resources," Justice Anne M. Patterson wrote.
March 16, 2023 at 05:16 PM
4 minute read
Richard J. Hughes Justice Complex in Trenton, New Jersey. Credit: Google The New Jersey Supreme Court issued an opinion requesting that the Civil Practice Committee propose a rule exception—in line with one adopted by the U.S. Court of Appeals for the Eleventh Circuit—allowing a reprieve from the 10-day deadline for filing an application for attorney fees in fee-shifting cases.
According to the opinion, Harold Hansen sought attorney fees after he prevailed on a claim of sexual orientation discrimination, a violation of the state's Law Against Discrimination. Justice Anne M. Patterson, in her written opinion for the court, stated that this appeal considered the trial court's reduction of the lodestar calculation proposed by Hansen, its denial of legal fees incurred after appeal, and its assessment of the contingency enhancement of the lodestar at 20%.
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