Exploring the American Rule on Attorney Fees
The Appellate Division recently provided a forceful reminder to trial courts and trial bar of the specific limitations of the offer of judgment rule.
November 19, 2023 at 10:00 AM
5 minute read
Fee DisputesIn the recent J.P. Electric, Inc. v. LPMG Construction Management, LLC case, approved for publication on Nov. 2, a trial judge granted defendant's motion for involuntary dismissal at the conclusion of plaintiff's proofs. Prior to trial, defendant had made an offer for judgment to be taken against it under the offer of judgment rule, R.4:58. After dismissal of plaintiff's case, defendant filed a motion to have plaintiff pay its fees and costs. The trial judge denied the motion, holding that where a plaintiff's claim is dismissed, without plaintiff having secured a favorable verdict and money judgment, as required by the rule, defendant had no right to collect its fees from the plaintiff. Defendant appealed the court's denial of its fee application.
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