Photo: Shutterstock No Fee Award for Midtrial Involuntary Dismissal, Says NJ Appellate Division in Published Opinion
"Lest there be any doubt, a mid-trial involuntary dismissal does not entitle a defendant offeror to fee-shifting under the rule," an Appellate Division judge said.
November 03, 2023 at 03:42 PM
2 minute read
Fee Disputes
In a published decision, the Appellate Division held that when a successful motion under Rule 4:37-2(b) results in the dismissal of an action, and no verdict is rendered in the plaintiff's favor, the denial of costs and fees is appropriate.
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