Awards
Appellate Division Finds That Portion of Arbitrator’s Award Was Properly Vacated
This matter arises from a contractual dispute between Gallen Contracting Inc. (“Gallen”) and Centurion Construction, Inc. (“Construction”). Construction had hired Gallen to perform concrete work for an automobile dealership in Wayne pursuant to a written agreement. The agreement required that the parties submit disputes to mediation, followed by binding arbitration if mediation failed. The issue […]
Attorney Fees May Be Awarded Under the New Jersey Invasion of Privacy Statute Even in Cases of Nominal Jury Verdict
Plaintiff K.C. was a former student at a New Jersey high school and Defendant Christopher Doyle was her teacher at the same high school. While in college, she received a message from a former classmate that her intimate photos were being shared on a website called Anon-IB. Investigation into the matter led K.C. to learn […]
Appellate Division Reverses Trial Court’s Minimal Award of Attorneys Fees to Plaintiff’s Counsel for Work Performed for a Collection Matter
Plaintiff, Law Offices of Rajeh A. Saadeh, LLC, filed a lawsuit against its clients, defendants Barbara Hutton and James Hutton, for the legal work it performed for them for a collection matter, for which they failed to pay its fees. While the trial court entered a default judgment against defendants for the amount of the […]
Divided Supreme Court Finds Employers May Pursue Subrogation for Workers’ Compensation Benefits Paid for Economic Loss Where Employee Did Not Seek or Receive PIP Benefits
On May 12, 2020, the Supreme Court of New Jersey addressed whether an employer can maintain a subrogation action to recoup workers’ compensation benefits paid for economic loss where (1) its employee is barred from maintaining an action against the tortfeasors due to his election of the limitation-on-lawsuit option in his personal automobile policy; (2) […]
Attorney’s Fee Award Denied By Federal Court on Basis of Being Outrageously Excessive
Plaintiff Bernie Clemens was awarded $100,000 in punitive damages under the Pennsylvania Bad Faith Statute in a federal jury trial. He then submitted a petition to the District Court judge for over $900,000 in attorney’s fees from the defendant New York Central Mutual Fire Insurance Company. The District Court denied the petition in its entirety […]
No Attorney’s Fees Permitted Under Offer of Judgment Rule When not Preserved Under High-Low Agreement
Plaintiff Lucia Serico filed a motion for attorney’s fees following a jury trial in a medical malpractice case based upon an offer of judgment she had made before the trial. While the jury was deliberating, she entered into a high-low agreement with the defendant. When the jury returned a verdict of $6 million, which was […]
Appellate Division Rules that Medical Expenses that Exceed $15,000 PIP Limits are Recoverable in Personal Injury Action
In the published decision of Haines v. Taft, 2017 N.J. Super. LEXIS 64 (App. Div. June 1, 2017), the Appellate Division ruled that a plaintiff may recover medical expenses that exceed their $15,000 personal injury protection (PIP) limits in their automobile policy. At the trial court level, the trial judge had barred the admission of […]
Court Dismisses Claim for Punitive Damages Alleged in Auto Accident Case
Sometimes plaintiffs throw in claims for punitive damages in what is obviously a simple negligence claim arising from an automobile accident. In the District Court case, Gillman v. Rakouskas, 2017 U.S. Dist. LEXIS 10835 (D.N.J. Jan. 26, 2017), the plaintiffs George and Florence Gillman sued defendants Michael and Elaine Rakouskas, alleging negligence and gross negligence […]
High-low Agreement Barred Award of Attorney’s Fees under Offer of Judgment Rule
Plaintiff Lucia Serico entered into a high-low agreement with defendant Robert M. Rothberg, M.D. to resolve her claim against the defendant. However, in reaching this settlement, plaintiff did not expressly reserve her rights to recover fees under the Offer of Judgment rule. Based upon the jury award, the plaintiff would have been entitled to these […]
Plaintiff Unable to Meet Permanency Threshold of Tort Claims Act Despite Knee Surgery
By: Christopher J. Carlson, Esq. Editor: Betsy G. Ramos, Esq. The New Jersey Tort Claims Act (“TCA”), N.J.S.A. 59:1-1 to 59:13-10, requires that a Plaintiff seeking to recover damages from a public entity must prove as a threshold requirement that he or she sustained a “permanent loss of body function.” N.J.S.A. 59:9-2(d). The Appellate Division […]
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