A state appellate court has affirmed an award of $191,652 in counsel fees under the New Jersey frivolous-litigation statute to Sunhillo Corp. of West Berlin in a whistleblower suit by a former employee.
The appeals court affirmed the award based on plaintiff Ronald Fulton’s repeated failure to offer evidence to back up claims he made in the suit, such as the claim that Sunhillo violated the implied covenant of good faith and fair dealing. The appeals court also cited the finding by the judge below that Fulton continued to prosecute his lawsuit after he knew there was no evidence supporting his claims, and the judge’s determination that Fulton’s conduct “reveals evidence of harassing, if not outright extortive, motivation.”
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