A Capehart Scatchard Blog

Tag: Attorney Fees

Offer of Judgment Sanctions Found Inapplicable in Multidefendant Case

By on August 17, 2018 in Litigation with 0 Comments

Plaintiff Josh Willner suffered an injury while climbing a rock climbing wall that was owned by his employer (Ivy League Day Camp). He sued the camp, the manufacturer of wall and parts in the wall (Vertical Reality, Inc. and ASCO Numatics) under product liability theories. Before trial, he made a single offer of judgment as […]

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Winning Attorneys’ Fees for the Filing of Frivolous Lawsuits

By on August 12, 2016 in Strict Compliance with 0 Comments

While the Courts of the State of New Jersey have been hesitant to impose sanctions upon parties and counsel for frivolous lawsuits, in any but the most extreme of circumstances, in the appropriate circumstance, sanctions can be obtained, so long as strict compliance with the Rules of Court can be established. N.J.S.A. 2A:15-59.1 governs sanctions […]

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Why You Should Take an Offer of Judgment Seriously

By on March 6, 2014 in Blog with 0 Comments
Why You Should Take an Offer of Judgment Seriously

Typically, defendants ignore an offer of judgment filed by a plaintiff. The published Appellate Division decision in Feliciano v. Faldetta, 2014 N.J. Super. LEXIS (App. Div. 2014) should give defendants a reason to take these offers seriously. In Feliciano, a $15,000 offer of judgment, which was rejected, turned into a $109,185 judgment after attorneys fees, […]

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