Attorney’s Fees

Categories: Attorney’s Fees, Prevailing Party

Appellate Division overturned in part and affirmed in part the Third Circuit decision with regard to counsel fees. The Third Circuit had denied both claims for fees and both parties appealed. The Appellate Court reversed with regard to the Plaintiff’s appeal, finding that the Plaintiff was a “prevailing party” and thus could be awarded counsel fees and affirmed as to the denial of fees to the Defendant, City of Ocean City. While the Court found that it was beyond dispute that the City was a “prevailing party”, the Court nevertheless held that the determination that Plaintiff’s “prior discipline” theory of liability was reasonable, non-frivolous and not an abuse of discretion.

Crespo v. City of Newark, et al

Categories: Attorney’s Fees, Frivolous Litigation (R. 1:4-8)

Plaintiff appealed the lower court’s decision to award the Defendant, County of Essex, attorney’s fees and costs pursuant to R. 1:4-8. Appellate Division affirmed, finding that after the Plaintiff filed her complaint, the County Claims Administrator advised Plaintiff’s attorney that the County did not own, control or maintain the intersection where plaintiff was allegedly injured. The Administrator continued to do so throughout the course of the litigation and the Court held that the County’s repeated assertions were sufficient to place the Plaintiff’s attorney on notice.

Velius v. Township of Hamilton (Opinion)

Category: Attorney’s Fees

Terms: Excessive Force; Nominal Damages

Summary: U.S. District Court decision regarding whether an award of nominal fees was reasonable.

D’orazio v. Washington Township (Opinion)

Category: Attorney’s Fees

Terms: Abuse of Discretion

Summary: 3rd Circuit Court of Appeals decision regarding attorney’s fees and costs which affirmed the rate of $250.00 per hour as reasonable for Plaintiff’s Counsel.

Warner v. Township of South Harrison (Opinion)

Category: Attorney’s Fees

Terms: Monell; Civil Rights; Defamation

Summary: U.S. District Court opinion (Chief Judge Simandle) regarding the reasonableness of the hourly rate, hours expended and Plaintiff’s degree of success in determining the award of attorney’s fees to the Plaintiff.

Marenbach and McKibbin v. The City of Margate (Opinion)

Category: Attorney’s Fees

Terms: Frivolous Litigation; Sanctions

Summary: U.S. District Court opinion (Judge Hillman) regarding Defendant’s Motion for an award of attorney’s fees and sanctions based upon frivolous litigation. The Court found that Plaintiff’s claims were not motivated by bad faith and the Motion was denied.

Monica Raab v. City of Ocean City, et al. (Opinion)

Category: Attorney’s Fees and Costs

Terms: Excessive Force, Failure to Supervise

Summary: The United State District Court denied dual motions filed by the Plaintiff and Defendant, each seeking an award of attorney’s fees and costs. The Court denied the Defendants’ Motion because it was not established that the Plaintiff’s action was frivolous, unreasonable, or without foundation. The Court denied the Plaintiff’s Motion because a consent decree was not entered to enforce the private settlement agreement entered into by the Plaintiff and Defendant.