Search Rutgers Law Library N.J. Court Opinions

121 KRISTOPHER JAMES MINOGUE v. INTERSTATE FACTS, LLC -- rank: 629

... on a motion for sanctions under the Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1, and Rule 1:4-8 for an abuse of discretion ... substantive elements essential to an award of a sanction under N.J.S.A. 2A:15-59.1 and Rule 1:4-8, and satisfied each of the ...

docket:	a4490-17
court:	NJ Superior Court Appellate Division
decided:	2021-01-27
status:	Unpublished
citation:
Document Size:	19388

122 IN THE MATTER OF ARNO MAYER -- rank: 629

... eight-page opinion, the judge distinguished the statutory provisions of N.J.S.A. 2A:15-59.1 from Rule 1:4-8 and concluded he could not ... Daniel] for filing baseless applications or motions.' Further, he observed ' N.J.S.A. 2A:15-59.1 and Rule 1:4-8 must be strictly construed against ... against a party are governed by the Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1'; Rule 1:4-8 'authoriz[es] similar fee-shifting consequences ...

docket:	a0904-21
court:	NJ Superior Court Appellate Division
decided:	2022-11-04
status:	Unpublished
citation:
Document Size:	22337

123 Thomas John Salzano v. North Jersey Media Group, Inc. -- rank: 627

... be advanced. Further, sanctions may be imposed for frivolous pleadings. N.J.S.A. 2A:15-59.1. Likewise, litigants and attorneys must certify that pleadings are "not ...

docket:	a-78-08
court:	supreme
decided:	2010-05-11
status:
citation:
Document Size:	218723

124 KING TRANSCRIPTION SERVICES, LLC v. PHOENIX TRANSCRIPTION, LLC -- rank: 627

... frivolous claim sanctions authorized by Rule 1:4-8 and N.J.S.A. 2A:15-59.1. King agreed to dismiss its claim against Mazza without prejudice ... rule, Rule 1:4-8, and the frivolous claim statute, N.J.S.A. 2A:15-59.1. Because the trial court's sanction and fee award were ...

docket:	a5034-15
court:	NJ Superior Court Appellate Division
decided:	2019-03-19
status:	Unpublished
citation:
Document Size:	80197

125 ALLEN SATZ v. MARION B. SOLOMON -- rank: 627

... defendants were frivolous pursuant to Rule 1:4-8 and N.J.S.A. 2A:15-59.1. The letter told plaintiff that if he did not 3 ... N.J. Super. at 389; R. 1:4-8(f). N.J.S.A. 2A:15-59.1(b) provides for sanctions for frivolous litigation if either (1 ... whether to award sanctions under Rule 1:4-8 and N.J.S.A. 2A:15-59.1 for frivolous litigation is reviewed for abuse of discretion. McDaniel ... litigation sanctions to defendants under Rule 1:4-8 and N.J.S.A. 2A:15-59.1. A-1042-22 12 We are therefore satisfied that Judge ...

docket:	a1042-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-12
status:	Unpublished
citation:
Document Size:	24544

126 SHORE ORTHOPAEDIC GROUP, LLC v. THE EQUITABLE LIFE ASSURANCE SOCIETY UNITED STATES -- rank: 624

... a)(6), or, alternatively, "pursuant to the Frivolous Litigation statute," N.J.S.A. 2A:15-59.1. Judge Robert O'Hagan rejected defendant insurer's disclaimer and ... claim on "a liability or indemnity policy of insurance," and N.J.S.A. 2A:15-59.1 applies because Equitable "knew or should have known that its ... pursuant to R ule 4:42-9(a)(6) and N.J.S.A. 2A:15-59.1 because defendant "knew or should have known from the outset ... it was entitled to recover its legal fees pursuant to N.J.S.A. 2A:15-59.1, the frivolous litigation statute. See also R. 4:42-9 ... J. 196 (1999). Thus, the term "frivolous", as used in N.J.S.A. 2A:15-59.1, has been "given a restrictive interpretation." Ibid. ; see also McKeown ...

docket:	A2191-05
court:	NJ Superior Court Appellate Division
decided:	2008-01-24
status:	published
citation:
Document Size:	69270

127 THOMAS F. FOX v. JEAN MILLMAN -- rank: 624

... event these claims are not the type envisioned by either N.J.S.A. 2A:15-59.1 or Rule 1:4-8. As the trial judge phrased ...

docket:	a5905-07
court:	superior court appellate division
decided:	2010-07-15
status:	unpublished
citation:
Document Size:	113698

128 PATRICIA VENNER VS ALLSTATE, CSC, NEW JERSEY AUTOMOBILE FULL INSURANCE UNDERWRITING ASSOCIATION, ET AL -- rank: 624

... defendant CSC in the amount of $1,355 pursuant to N.J.S.A. 2A:15-59.1. We reverse and conclude that 1) the award was made ... in August or September, 1996, CSC moved for fees under N.J.S.A. 2A:15-59.1. The trial judge, in awarding fees, stated:          THE COURT: The ...

docket:	a2570-96
court:	njappellate
decided:	1997-12-10
status:	published
citation:	306 N.J.Super. 106
Document Size:	17849

129 WENDY CURRAN v. KEVIN CURRAN -- rank: 624

... are available both against an offending litigant pursuant to statute, N.J.S.A. 2A:15- 59.1, and against an offending attorney or pro se litigant pursuant ... argument for an extension, modification or reversal of existing law.' N.J.S.A. 2A:15-59.1(a)-(b). Rule 1:4-8(b) requires that an ...

docket:	a1676-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-06
status:	Unpublished
citation:
Document Size:	59076

130 MARLBORO INN, LLC v. MARLBORO LOFT PARTNERS, LLC -- rank: 622

... indemnity provisions of the contract under the frivolous claims statute, N.J.S.A. 2A:15-59.1, and rule, Rule 1:4-8. Because we find that ... under the law, and that plaintiff failed to comply with N.J.S.A. 2A:15-59.1 and Rule 1:4-8, we affirm the decision of ... fees and costs against Purchaser under the frivolous claims statute, N.J.S.A. 2A:15-59.1, and Rule 1:4-8 because the Purchaser intentionally "delayed ... on March 26, 2007. It found that claims made under N.J.S.A. 2A:15-59.1 "require[] strict adherence to the procedures set forth in Rule ... situations, such as in those cases involving a frivolous lawsuit. N.J.S.A. 2A:15-59.1. Accordingly, Seller further argues that Purchaser's defense in the ...

docket:	a5740-06
court:	njappellate
decided:	2008-08-04
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	46290

131 WILLINGBORO MALL, LTD. v. 240/242 FRANKLIN AVENUE, L.L.C. -- rank: 622

... judge also denied defendants' claim for counsel fees pursuant to N.J.S.A. 2A:15-59.1. On appeal, plaintiff argues that Rule 1:40-4(i ... the order denying their application for attorneys' fees pursuant to N.J.S.A. 2A:15-59.1, the frivolous litigation rule, or Rule 4:58-1, the ...

docket:	a4598-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-09
status:	published
citation:	421 N.J. Super. 445 24 A.3d 802
Document Size:	31178

132 VINCENT M. YACAVINO, Sr. v. DIEGO VISCEGLIA, et al. -- rank: 622

... amount of $6,000 were awarded to defendants pursuant to N.J.S.A. 2A:15-59.1 upon the court's determination that plaintiff's suit was ...

docket:	a5198-03
court:	njappellate
decided:	2006-07-21
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	173084

133 VINCENT M. YACAVINO, Sr. v. DIEGO VISCEGLIA, et al. -- rank: 622

... amount of $6,000 were awarded to defendants pursuant to N.J.S.A. 2A:15-59.1 upon the court's determination that plaintiff's suit was ...

docket:	a5213-03
court:	njappellate
decided:	2006-07-21
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	173084

134 SUZANN FLAMM, v. JEFFREY YOUNG -- rank: 620

... against a party are governed by the Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1.' Bove v. AkPharma, Inc., 460 N.J. Super. 123, 147 ... shifting consequences as to frivolous litigation conduct by attorneys.' Ibid. N.J.S.A. 2A:15-59.1(b) states: In order to find that a complaint, counterclaim ... argument for an extension, modification or reversal of existing law. [N.J.S.A. 2A:15-59.1(b).] Additionally, when an attorney or pro se party signs ...

docket:	a2963-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-31
status:	Unpublished
citation:
Document Size:	38056

135 EXTERIOR WALL SYSTEMS LLC v. 3D CONTRACTING OF CENTRAL JERSEY, INC -- rank: 620

... motion requesting that EW pay its legal fees pursuant to N.J.S.A. 2A:15-59.1 and Rule 1:4-8. Following our review of the ... s fees under the New Jersey Frivolous Litigation Statute (FLS), N.J.S.A. 2A:15-59.1. The judge concluded that EW's arguments were novel, stating ... that the complaint, counterclaim, cross-claim, or defense is frivolous. N.J.S.A. 2A:15-59.1. There are two bases on which a claim or defense ... argument for an extension, modification or reversal of existing law. [ N.J.S.A. 2A:15-59.1(b).] A claim or defense is considered frivolous when: "no ... Castle Hotel & Casino , 132 N.J. 546 , 561 (1993) (quoting N.J.S.A. 2A:15-59.1(b)(1)). An honest attempt to pursue a perceived, though ...

docket:	a0383-14
court:	NJ Superior Court Appellate Division
decided:	2016-02-18
status:	unpublished
citation:
Document Size:	24149