The state Supreme Court on Tuesday took up whether to adopt a U.S. Supreme Court ruling that sharply curtails trial judges’ power to enhance counsel fees in cases that might never have been filed but for fee-shifting rules.
In two cases, the Appellate Division slashed enhanced fees under Perdue v. Kenny A., 130 S. Ct. 1662 (2010), which held that a trial judge may award such fees only in rare and extraordinary circumstances and not “on an impressionistic basis.”
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