Credit: Vitalii Vodolazskyi/Shutterstock.com Carving Out 'American Rule' Exception, NJ Appeals Court Upholds Fee Award as Damages Against Law Firm
"It stands to reason that the prevailing party should be able to recover those attorney's fees reasonably attributable to its prosecution of claims against the third party within a single action," Judge Morris G. Smith said. "A plaintiff should not have to file two lawsuits, one against the party that breached the contract, and a separate one against the tortfeasor, to recover attorney's fees against the tortfeasor in an action for damages to enforce a non-compete agreement."
May 10, 2023 at 02:47 PM
5 minute read
Employment Law
In a published decision, the New Jersey Appellate Division held that a trial court properly awarded an information technology firm attorney fees as damages for a law firm's tortious interference with contractual relations, finding the award fit within an exception to the so-called American Rule.
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