Search Rutgers Law Library N.J. Court Opinions

61 LINA DA SILVA v. AMARO DA SILVA -- rank: 683

... to justify expenditures of [plaintiff].' The court concluded plaintiff violated N.J.S.A. 2A:15-59.1 because her complaint 'was commenced and continued in bad faith ... 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 ... Allstate, 306 N.J. Super. 106, 113 (App. Div. 1997)). N.J.S.A. 2A:15-59.1 outlines the conditions under which counsel fees can be assessed ... cross-claim or defense of the nonprevailing person was frivolous. [N.J.S.A. 2A:15-59.1(a)(1).] It continues: In order to find that a ... modification or reversal of existing law. A-2326-20 26 [N.J.S.A. 2A:15-59.1(b).] With these principles in mind, we have carefully reviewed ...

docket:	a2326-20
court:	NJ Superior Court Appellate Division
decided:	2022-09-29
status:	Unpublished
citation:
Document Size:	48515

62 IN THE MATTER OF THE ESTATE OF RICHARD D EHRLICH -- rank: 681

... denying his motion for sanctions under the Frivolous Litigation statute, N.J.S.A. 2A:15-59.1. We affirm. The material facts are not genuinely in dispute ... discretion in not imposing sanctions under the Frivolous Litigation statute, N.J.S.A. 2A:15-59.1(a)(1). See United Hearts, L.L.C. v. Zahabian ... cross-claim or defense of the nonprevailing person was frivolous. [ N.J.S.A. 2A:15-59.1(a)(1).] To award costs to a prevailing party for ... N.J. Super. 557 , 562-63 (App. Div. 1998) (quoting N.J.S.A. 2A:15-59.1(b)(2)). Rule 1:4-8 also permits an attorney ... injury" or had no "reasonable basis in law or equity." N.J.S.A. 2A:15-59.1(b)(2). Indeed, appellants' challenge was soundly based as the ...

docket:	a5439-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-29
status:	published
citation:	427 N.J. Super. 64 47 A.3d 12
Document Size:	63614

63 EDWARD FLORES v. CITY OF TRENTON -- rank: 678

... as frivolous in accordance with Rule 1:4-8 and N.J.S.A. 2A:15-59.1. Flores refused and the City defendants opposed the motions and ... holding that the decision to award sanctions, whether made under N.J.S.A. 2A:15-59.1 or Rule 1:4-8, is subject to an abuse ... record on December 13, 2007 and January 17, 2008. 14 N.J.S.A. 2A:15-59.1, which is supplemented by Rule 1:4-8, Masone v ...

docket:	a0957-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-10
status:	unpublished
citation:
Document Size:	144673

64 /usr/local/share/www/libweb/collections/courts/appellate/a3738-18.opn.html -- rank: 678

... complaint was frivolous or was brought in bad faith under N.J.S.A. 2A:15-59.1. Plaintiff's counsel further emphasized that the PDVA authorized a ... perjured A-3738-18T3 6 testimony or suborned perjured testimony, N.J.S.A. 2A:15-59.1 permits the award of counsel fees in order to punish ... a party other than a pro se party pursuant to N.J.S.A. 2A:15-59.1.' In Bove v. AkPharma Inc., we held: Strict compliance with ... may receive for costs and fees, the public policies underlying N.J.S.A. 2A:15-59.1 militate in favor of requiring that claims against parties meet ...

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65 LIBERTY MUTUAL INSURANCE COMPANY v. DAVID DOIVILUS -- rank: 678

... denying his motion for attorney's fees and sanctions under N.J.S.A. 2A:15-59.1 and Rule 1:4-8. The underlying action arises from ... a motion for attorney's fees and expenses, pursuant to N.J.S.A. 2A:15-59.1 and Rule 1:4-8, alleging plaintiffs' petition was frivolous ... N.J. 427, 444 (2001). The Frivolous Litigation Statute (FLA), N.J.S.A. 2A:15-59.1, and Rule 1:4-8 seek to deter frivolous litigation ... complaint . . . of the non[-]prevailing person was frivolous.'' Ibid. (quoting N.J.S.A. 2A:15-59.1(a)(1)). A complaint is frivolous if 'commenced, used or ... complaint . . . was without any reasonable basis in law or equity . . . .' N.J.S.A. 2A:15-59.1(b)(1) to (2). We approach requests for attorney's ... name is 'without any reasonable basis in law or equity . . . .' N.J.S.A. 2A:15- 59.1(b)(2). In Borgata, the Law Division acknowledged Rule ...

docket:	a4635-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-07
status:	Unpublished
citation:
Document Size:	23502

66 1ST COLONIAL COMMUNITY BANK v. TRACEY FARKAS -- rank: 678

... order that denied her motion to declare as frivolous under N.J.S.A. 2A:15-59.1 and Rule 1:4-8 the complaint for damages filed ... complaint to avoid sanctions under Rule 1:4-8 and N.J.S.A. 2A:15-59.1, the rule and statute that, among other remedies, permit a ... frivolous litigation in violation of [Rule] 1:4-8 and N.J.S.A. 2A:15-59.1. We hereby provide you with NOTICE that these claims against ... invoke all the remedies of [Rule] 1:4-8 and N.J.S.A. 2A:15-59.1 in this matter. This letter is written without prejudice and ... reconsideration for abuse of discretion. Ibid. The Frivolous Litigation Statute, N.J.S.A 2A:15-59.1, and Rule 1:4-8 address sanctions against attorneys and ...

docket:	a1910-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-29
status:	Unpublished
citation:
Document Size:	21890

67 JACK WHITMAN v. HAROLD D. HERBERT -- rank: 676

... fees and expenses pursuant to Rule 1:4-8 and N.J.S.A. 2A:15-59.1. The court denied the motion on April 30, 2010, and ... request for attorneys' fees pursuant to the frivolous litigation statute, N.J.S.A. 2A:15-59.1, and Rule 1:4-8. They claim that Whitman engaged ... cross-claim or defense of the nonprevailing person was frivolous. [ N.J.S.A. 2A:15-59.1(a)(1).] To award costs to a prevailing party for ... N.J. Super. 557 , 562-63 (App. Div. 1998) (quoting N.J.S.A. 2A:15-59.1(b)(2)). Rule 1:4-8 permits an attorney to ... injury" or had no "reasonable basis in law or equity." N.J.S.A. 2A:15-59.1(b)(2). Some of the alleged claims that were not ... Chancery Division's denial of their application for sanctions under N.J.S.A. 2A:15-59.1 and Rule 1:4-8. 6 Once again, the ...

docket:	a4234-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-13
status:	unpublished
citation:
Document Size:	66979

68 DENNIS ACKERMAN v. GENERAL MOTORS, LLC -- rank: 676

... to the frivolous litigation statute, 2 A-4629-15T 2 N.J.S.A. 2A:15-59.1(a)(1); and by failing to set appropriate terms and ... concern for duplicative future litigation costs. The frivolous litigation statute, N.J.S.A. 2A:15-59.1, provides: A party who prevails in a civil action, either ... cross-claim or defense of the nonprevailing person was frivolous. [N.J.S.A. 2A:15-59.1(a)(1).] To find a complaint frivolous, the judge shall ... argument for an extension, modification or reversal of existing law. [N.J.S.A. 2A:15-59.1(b).] There is no credible evidence in this record demonstrating ... to be a prevailing party, a requirement for relief under N.J.S.A. 2A:15-59.1(a)(1), is also without merit. Although 'facts of a ... may be deemed to have 'prevailed' for the purposes of [N.J.S.A. 2A:15-59.1]'). The record reflects that plaintiff decided to dismiss the ...

docket:	a4629-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-06
status:	unpublished
citation:
Document Size:	18847

69 JACK WHITMAN v. HAROLD D. HERBERT -- rank: 676

... fees and expenses pursuant to Rule 1:4-8 and N.J.S.A. 2A:15-59.1. The court denied the motion on April 30, 2010, and ... request for attorneys' fees pursuant to the frivolous litigation statute, N.J.S.A. 2A:15-59.1, and Rule 1:4-8. They claim that Whitman engaged ... cross-claim or defense of the nonprevailing person was frivolous. [ N.J.S.A. 2A:15-59.1(a)(1).] To award costs to a prevailing party for ... N.J. Super. 557 , 562-63 (App. Div. 1998) (quoting N.J.S.A. 2A:15-59.1(b)(2)). Rule 1:4-8 permits an attorney to ... injury" or had no "reasonable basis in law or equity." N.J.S.A. 2A:15-59.1(b)(2). Some of the alleged claims that were not ... Chancery Division's denial of their application for sanctions under N.J.S.A. 2A:15-59.1 and Rule 1:4-8. 6 Once again, the ...

docket:	a4235-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-13
status:	unpublished
citation:
Document Size:	66971

70 KATHARINE LAI v. SAM SHIMONI -- rank: 676

... Lai a notice pursuant to Rule 1:4-8 and N.J.S.A. 2A:15-59.1, stating the complaint was frivolous, demanding it be withdrawn within ... motion for sanctions pursuant to Rule 1:4-8 and N.J.S.A. 2A:15-59.1. In a separate December 4, 2015 order and written opinion ... argument for an extension, modification or reversal of existing law." N.J.S.A. 2A:15-59.1(b). A motion for sanctions under Rule 1:4-8 ... argument for an extension, modification, or reversal of existing law. N.J.S.A. 2A:15-59.1(b). Lai's claims were frivolous, and therefore sanctionable. Even ...

docket:	a2062-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-06
status:	unpublished
citation:
Document Size:	22579

71 JOAQUIN RUIZ v. BRIAN P. STACK -- rank: 673

... pursuant to the New Jersey [f]rivolous [l]itigation statute, N.J.S.A. 2A:15- 59.1.'5 Additionally, Porres appeals from a February 1, 2016 order ... under New Jersey's [f]rivolous [l]itigation [s]tatute, N.J.S.A. 2A:15-59.1.' As mentioned, the appellate record does not contain the judge ... pursuant to the New Jersey [f]rivolous [l]itigation statute, N.J.S.A. 2A:15-59.1.' We review the motion judge's counsel-fee award to ... J. 546, 560 (1993), limiting the imposition of sanctions under N.J.S.A. 2A:15-59.1 to parties; [a]ny responsibility for frivolous litigation must be ... an application is made by a prevailing defendant pursuant to N.J.S.A. 2A:15- 59.1(b)(2), as it was in this case, 'and the ...

docket:	a1707-16
court:	NJ Superior Court Appellate Division
decided:	2019-03-15
status:	Unpublished
citation:
Document Size:	59130

72 P.J. SMITH ELECTRICAL CONTRACTORS, INC v. NORTH PLAINFIELD BOARD OF EDUCATION -- rank: 671

... attorney's fees and costs under the frivolous litigation statute, N.J.S.A. 2A:15-59.1, and Rule 1:4-8. The trial judge concluded: "I ... 419 , 432 (App. Div. 2007)). " Rule 1:4-8 supplements N.J.S.A. 2A:15-59.1, which is the frivolous claim statute." Masone v. Levine , 382 ... who prevails in a civil action" is entitled to . . . relief. N.J.S.A. 2A:15-59.1(a)(1). And, "imposition of sanctions under the statute [is ... be used in determining an award for fees pursuant to N.J.S.A. 2A:15-59.1." Masone , supra , 382 N.J. Super. at 193; see also ... solely for the purpose of harassment, delay or malicious injury." N.J.S.A. 2A:15-59.1(b)(1). Alternatively, pursuant to N.J.S.A. 2A:15-59.1(b)(2), the litigation may be deemed frivolous if ...

docket:	a1853-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-25
status:	unpublished
citation:
Document Size:	44874

73 Moses Segal v. Cynthia Lynch -- rank: 669

... N.J. Super. at 140-41 (concluding that language of N.J.S.A. 2A:15-59.1 “falls well short of manifesting a clear intent to ... award of counsel fees to pro se attorney pursuant to N.J.S.A. 2A:15-59.1). Courts concluding that fees may not be awarded to an ...

docket:	A-127-10
court:	NJ Supreme Court
decided:	2012-08-02
status:
citation:	211 N.J. 230 48 A.3d 328
Document Size:	134644

74 MICHAELSON FOREIGN CAR PARTS v. RICHARD J. KUHN -- rank: 669

... action. Brower's answer also alleged that the complaint violated N.J.S.A. 2A:15-59.1, and stated that he would seek attorney's fees and ... fees against Caufield and Kuhn under the Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1. R. 1:7-4. Second, Brower apparently failed to comply ... a claim for fees and costs against a party under N.J.S.A. 2A:15-59.1. R. 1:4-8(f). See Toll Bros., Inc. v ... 8 to claims for fees and costs against parties under N.J.S.A. 2A:15-59.1). To support an award under N.J.S.A. 2A:15-59.1, the court must find that the claim was pursued in ... solely for the purpose of harassment, delay or malicious injury," N.J.S.A. 2A:15-59.1(b)(1), or "[t]he non-prevailing party knew ...

docket:	a0909-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-18
status:	unpublished
citation:
Document Size:	24395

75 JESSE D. SADEJ v. ANTHONY X. ARTURI, JR., ESQ -- rank: 666

... to for frivolous litigation sanctions under the Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1, alleging the Borough filed its complaint despite knowing the fraudulent ... s conduct fell within the statutory definition of frivolous in N.J.S.A. 2A:15-59.1(b). Ibid. We also directed that if the court found ...

docket:	a1424-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-07
status:	Unpublished
citation:
Document Size:	73783