Search Rutgers Law Library N.J. Court Opinions

1 BOROUGH OF ENGLEWOOD CLIFFS VS. THOMAS J. TRAUTNER, ET AL. -- rank: 1000

... frivolous lawsuit in accordance with the Frivolous Litigation Statute (FLS), N.J.S.A. 2A:15-59.1, and Rule 1:4-8. The only published cases regarding ... to satisfy the procedures in Rule 1:4-8 and N.J.S.A. 2A:15-59.1 to collect attorney's fees; (2) it is immune from ... made for the payment of these fees in the future. [N.J.S.A. 2A:15-59.1 (emphasis added).] A trial court's decision to order frivolous ... 275 N.J. Super. 507, 511 (Ch. Div. 1993), that N.J.S.A. 2A:15-59.1 applies to governmental bodies. Almost four years later, another Chancery ... failure to carve out an exception [to public entities] within N.J.S.A. 2A:15- 59.1' demonstrated an intent not 'to immunize the State from . . . sanction ... S.A. 2A:15-60, which is 'seemingly incompatible with N.J.S.A. 2A:15-59.1.' Ibid. N.J.S.A. 2A:15-60 provides, ...

docket:	a2765-21
court:	appellate
decided:	2024-04-18
status:	Published
citation:
Document Size:	59544

2 Toll Brothers, Inc. v. Township of West Windsor -- rank: 953

... against a party brought pursuant to the Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1. The Court must determine whether dismissal on the basis of ... Charles Akselrad seeking sanctions pursuant to the Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1. Rule 1:4-8 governs the procedures applicable to an ... filed a motion for counsel fees and costs pursuant to N.J.S.A. 2A:15-59.1. In their motion papers they claimed that the Township had ... entities like the Township cannot be "nonprevailing person[s]" under N.J.S.A. 2A:15-59.1 and therefore cannot have counsel fees and costs awarded against ... a public entity is immune from frivolous litigation sanctions under N.J.S.A. 2A:15-59.1, the panel held instead that pursuant to Rule 1:4 ... 8(f) a motion for counsel fees and costs under N.J.S.A. 2A:15-59.1 must comply with the procedural requirements prescribed by Rule ...

docket:	a-48-06
court:
decided:	2007-04-03
status:
citation:
Document Size:	86739

3 JESSE WOLOSKY v. FREDON TWP. -- rank: 946

... regarding the imposition of sanctions for frivolous suit available under N.J.S.A. 2A:15-59.1 and R. 1:4-8, sought by the defendants herein ... for sanctions and fees, under R. 1:4-8 and N.J.S.A. 2A:15-59.1 were filed by the Holensteins and Fredon within the courtâ ... Fredon and the Holensteins for frivolous suit was warranted under N.J.S.A. 2A:15-59.1 and R. 1:4-8. 13 FACTS During the frivolous ... 28 days of service of the written demand. [Ibid.] Second, N.J.S.A. 2A:15-59.1 (“The Frivolous Litigation Statute”) governs frivolous litigation for parties ... or defense of the non-prevailing person was frivolous.” N.J.S.A. 2A:15-59.1. In relevant part, the statute establishes that: a. … (2 ... argument for an extension, modification or reversal of existing law. [N.J.S.A. 2A:15-59.1] The court must strictly interpret the frivolous litigation statute ...

docket:	08267-16
court:	NJ Tax Court
decided:	2019-12-18
status:	Published
citation:
Document Size:	77747

4 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 877

Original Wordprocessor Version (NOTE: The status of this decision is Published.) DATE NAME OF CASE (DOCKET NUMBER) 06/26/17 I/M/O STATE OF NJ AND FOP POLICE LODGE 91 A-0413-15T4 The interest arbitration and salary cap provisions of the Police and Fire Public Interest Arbitration Reform Act ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	151111

5 SOMA LABS, INC v. MANAVKUMAR G. SHAH -- rank: 862

... the denial of defendants' motions for frivolous litigation sanctions under N.J.S.A. 2A:15-59.1 and Rule 1:4-8. The following facts inform our ... attorney under Rule 1:4-8 and against Soma under N.J.S.A. 2A:15-59.1. The backbone of defendants' frivolous litigation argument was that Soma ... in the future.' R. 4:42-9(b) and (c). N.J.S.A. 2A:15-59.1(a)(1), which governs frivolous litigation sanctions against parties,3 ... argument for an extension, modification or reversal of existing law. [N.J.S.A. 2A:15-59.1(b)(1)-(2).] 3 Frivolous litigation claims against parties governed by N.J.S.A. 2A:15-59.1 are affected by the procedural but not the substantive provisions ... on the party who seeks fees and costs pursuant to N.J.S.A. 2A:15-59.1.' Ferolito, 408 N.J. Super. at 408 (alteration in ...

docket:	a4685-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-13
status:	Unpublished
citation:
Document Size:	50141

6 ROBERT J. PACILLI HOMES, LLC v. PILESGROVE TOWNSHIP PLANNING BOARD -- rank: 843

... and costs against the Township under the frivolous litigation statute, N.J.S.A. 2A:15-59.1. The court granted the motions. It ordered Pilesgrove to pay ... 1, 2007 motions for counsel fees and costs pursuant to N.J.S.A. 2A:15-59.1. Rodriguez was awarded $20,999.74, and Pacilli was awarded ... Rodriguez counsel fees and costs under the frivolous litigation statute, N.J.S.A. 2A:15-59.1. On two separate bases, we agree. The statute authorizes an ... a party other than a pro se party pursuant to N.J.S.A. 2A:15-59.1." The Court has determined that the promulgation of Rule 1 ... 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 ... to do so precludes their entitlement to counsel fees under N.J.S.A. 2A:15-59.1. We have a second independent basis for disagreement with ...

docket:	a3271-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-02-13
status:	Published
citation:
Document Size:	126549

7 ROBERT J. PACILLI HOMES, LLC v. PILESGROVE TOWNSHIP PLANNING BOARD -- rank: 843

... and costs against the Township under the frivolous litigation statute, N.J.S.A. 2A:15-59.1. The court granted the motions. It ordered Pilesgrove to pay ... 1, 2007 motions for counsel fees and costs pursuant to N.J.S.A. 2A:15-59.1. Rodriguez was awarded $20,999.74, and Pacilli was awarded ... Rodriguez counsel fees and costs under the frivolous litigation statute, N.J.S.A. 2A:15-59.1. On two separate bases, we agree. The statute authorizes an ... a party other than a pro se party pursuant to N.J.S.A. 2A:15-59.1." The Court has determined that the promulgation of Rule 1 ... 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 ... to do so precludes their entitlement to counsel fees under N.J.S.A. 2A:15-59.1. We have a second independent basis for disagreement with ...

docket:	a4226-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-02-13
status:	Published
citation:
Document Size:	126533

8 ROBERT J. PACILLI HOMES, LLC v. PILESGROVE TOWNSHIP PLANNING BOARD -- rank: 843

... and costs against the Township under the frivolous litigation statute, N.J.S.A. 2A:15-59.1. The court granted the motions. It ordered Pilesgrove to pay ... 1, 2007 motions for counsel fees and costs pursuant to N.J.S.A. 2A:15-59.1. Rodriguez was awarded $20,999.74, and Pacilli was awarded ... Rodriguez counsel fees and costs under the frivolous litigation statute, N.J.S.A. 2A:15-59.1. On two separate bases, we agree. The statute authorizes an ... a party other than a pro se party pursuant to N.J.S.A. 2A:15-59.1." The Court has determined that the promulgation of Rule 1 ... 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 ... to do so precludes their entitlement to counsel fees under N.J.S.A. 2A:15-59.1. We have a second independent basis for disagreement with ...

docket:	a3301-06
court:	New Jersey Superior Court Appellate Division
decided:	2009-02-13
status:	Published
citation:
Document Size:	126549

9 ONYX ACCEPTANCE CORPORATION v. TRUMP HOTEL & CASINO RESORTS, INC., et al. -- rank: 835

... under the CFA, and awarded Trump $30,000 pursuant to N.J.S.A. 2A:15-59.1 as its reasonable counsel fees spent defending against Onyx's ... support. Trump's counsel cited R. 1:4-8 and N.J.S.A. 2A:15-59.1 for the proposition that a party may not file frivolous ... 61 , 69 (2007) (litigants seeking counsel fees and costs under N.J.S.A. 2A:15-59.1 must comply with R. 1:4-8(b)(1)'s ... 18, 2006, the court awarded Trump $30,000 pursuant to N.J.S.A. 2A:15-59.1 as reasonable counsel fees spent defending against Onyx's alleged ... motion for sanctions. Frivolous litigation sanctions may be imposed under N.J.S.A. 2A:15-59.1, which provides, in pertinent part, as follows: a. (1) A ... or malicious injury,'" such that sanctions would be appropriate under N.J.S.A. 2A:15-59.1. McKeown-Brand , supra , 132 N.J. at 561 (quoting ...

docket:	a5207-05
court:	njappellate
decided:	2008-03-12
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	201245

10 CHARLES L. BOVE , v. AKPHARMA INC. -- rank: 833

... against a party are governed by the Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1. See also Rule 1:4-8 (authorizing similar fee-shifting ... to frivolous litigation conduct A-2342-17T3 23 by attorneys). N.J.S.A. 2A:15-59.1 and Rule 1:4-8 provide limited exceptions to the ... claim or defense of the non-prevailing person was frivolous.' N.J.S.A. 2A:15-59.1(a)(1). Similarly, Rule 1:4-8 provides for the ... a party other than a pro se party pursuant to N.J.S.A. 2A:15-59.1.' Thus, a litigant moving for counsel fees and costs pursuant to N.J.S.A. 2A:15-59.1 is required to comply with Rule 1:4-8(b ... argument for an extension, modification or reversal of existing law. [N.J.S.A. 2A:15-59.1(b)(1)-(2).] Just like Rule 1:4-8, ...

docket:	a2342-17
court:	NJ Superior Court Appellate Division
decided:	2019-07-11
status:	Published
citation:
Document Size:	65943

11 RICHARD KOCHER v. UC OVERLOOK DEVELOPMENT, LLC -- rank: 796

... legal fees for the filing of frivolous claims pursuant to N.J.S.A. 2A:15-59.1. On July 3, 2007, before the court had an opportunity ... an order granting its costs and legal fees pursuant to N.J.S.A. 2A:15-59.1, on the ground that the Amended Complaint was frivolous. Oral ... and costs in connection with the Amended Complaint pursuant to N.J.S.A. 2A:15-59.1 and Rule 1:4-8. The judge reasoned that the ... the Kochers pay attorney's fees and costs, "pursuant to N.J.S.A. 2A:15-59.1 and/or R. 1:4-8." As previously noted, the ... s stated reasons for imposing fees and costs pursuant to N.J.S.A. 2A:15-59.1 were improper, and therefore vacate the order. "A trial court ... is "frivolous" within the meaning of the Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1, if filed or pursued in "bad faith, solely for ...

docket:	a0894-07
court:	NJ Superior Court Appellate Division
decided:	2010-04-22
status:	unpublished
citation:
Document Size:	62484

12 A Associates Group, Inc. v. Oritani Savings Bank -- rank: 796

... authorization in violation of New Jersey’s Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1. Oritani also asserted cross-claims against Sanchez.6 Prior to ... the counterclaim alleging that plaintiffs violated the Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1. Plaintiffs’ sole remaining claim -- for Oritani’s alleged violation of ...

docket:	a-114-12
court:	NJ Supreme Court
decided:	2014-09-30
status:
citation:
Document Size:	166656

13 JOHN C. EVANS PROJECT, INC v. VALLEY NATIONAL BANCORP -- rank: 791

... sanctions against VNB pursuant to Rule 1:4-8 and N.J.S.A. 2A:15-59.1. We affirm all orders. In April 2006, VNB, as contract ... fees and sanctions pursuant to Rule 1:4-8 and N.J.S.A. 2A:15-59.1. In a June 11, 2010 order, Judge Ryan denied the ... sanctions against VNB pursuant to Rule 1:4-8 and N.J.S.A. 2A:15-59.1. Judge Ryan held that VNB did not act in bad ... on the party who seeks fees and costs pursuant to N.J.S.A. 2A:15-59.1." Ferolito v. Park Hill Ass'n , 408 N.J. Super ... is not the case here. Claims against parties governed by N.J.S.A. 2A:15-59.1 are affected by the procedural but not the substantive provisions ...

docket:	a4850-09
court:	NJ Superior Court Appellate Division
decided:	2010-04-30
status:	unpublished
citation:
Document Size:	66282

14 KAS ORIENTAL RUGS, INC v. MATT ELLMAN -- rank: 791

... judgment rule, Rule 4:58-3, the frivolous litigation statute, N.J.S.A. 2A:15-59.1., and the SRRA. The remand judge took no testimony. She ... 3b, which incorporates the elements of the frivolous litigation statute, N.J.S.A. 2A:15-59.1, and which, if Kas can prove that Ellman filed or ... a principal pursuant to this section is frivolous, pursuant to [ N.J.S.A. 2A:15-59.1], the sales representative shall be liable to the principal for ... its claim for fees based upon the frivolous litigation statute, N.J.S.A. 2A:15-59.1. Now that we have found that Kas is not entitled ... representation against a principal pursuant to this section is frivolous," N.J.S.A. 2A:15-59.1, having cross-referenced it. D'Annu n zio v. Prudential ...

docket:	a2567-07
court:	NJ Superior Court Appellate Division
decided:	2009-06-08
status:	published
citation:	407 N.J. Super. 538 972 A.2d 413
Document Size:	149538

15 EVEREST REINSURANCE CO. v. NEWARK DIVISION OF TAX ABATEMENT AND SPECIAL TAXES -- rank: 776

... bear interest. II. ATTORNEYS' FEES Plaintiff argues that under either N.J.S.A. 2A:15-59.1 ( L. 1988, c. 46, the "frivolous litigation statute" 2 ) or ... statute. The language is drawn from the frivolous litigation statute, N.J.S.A. 2A:15-59.1, enacted in 1988 ( L. 1988, c. 46), which was modeled ... argument for an extension, modification or reversal of existing law. [ N.J.S.A. 2A:15-59.1. Emphasis added.] Since no cases have been decided under N ... A. 54:51A-22, and since it is modeled on N.J.S.A. 2A:15-59.1, we look to cases decided under the latter statute for ... frivolous and subject to an award of attorneys' fees under N.J.S.A. 2A:15-59.1. "Plaintiff's claim was not some novel position with a ... suborned perjured testimony, the defendant was entitled to sanctions under N.J.S.A. 2A:15-59.1). Denying: Iannone v. McHale , supra , 245 N.J. Super. ...

docket:	07941-97
court:
decided:	1998-12-02
status:
citation:
Document Size:	112007