Search Rutgers Law Library N.J. Court Opinions

1 THE LAW OFFICES OF GOLD ALBANESE, BARLETTI & VELAZQUEZ v. JERSEY CITY MUNICIPAL UTILITIES AUTHORITY -- rank: 1000

... addition, for $74,797.82 in counsel fees pursuant to N.J.S.A. 59:9-5. On appeal, we affirmed the former award on unjust enrichment ... of plaintiff's application for attorney's fees pursuant to N.J.S.A. 59:9-5, consistent with the applicable principles set forth in Furey v ... Gold's application for attorneys' fees, finding no entitlement "under N.J.S.A. 59:9-5 or any other statute or law": I specifically find that N.J.S.A. 59:9-5 is not applicable to this matter because N.J.S ... To consider Plaintiff's application for counsel fees pursuant to N.J.S.A. 59:9-5, when this statute does not govern the instant matter, would ... the Tort Claims Act does not govern this case and N.J.S.A. 59:9-5 is not applicable. . . . . I further find that no other ...

docket:	a1210-09
court:	superior court appellate division
decided:	2010-12-01
status:	unpublished
citation:
Document Size:	20920

2 In the Matter of the Estate of Adrian J. Folcher -- rank: 942

... to consumer in successful claim under Consumer Protection Leasing Act); N.J.S.A. 59:9-5 (allowing attorney’s fees to successful claimant under Tort Claims ...

docket:	A-3-14
court:	NJ Supreme Court
decided:	2016-04-26
status:
citation:	224 N.J. 496 135 A.3d 128
Document Size:	94624

3 CHELSEA ANZURES v. MORRIS COUNTY JUVENILE DETENTION CENTER -- rank: 917

... accepts the settlement makes plaintiff a 'prevailing party.' (citation omitted). N.J.S.A. 59:9-5 is also asserted as 1 Plaintiff has not appealed from ... not entitled to an award of attorney's fees under N.J.S.A. 59:9-5 of the Tort Claims Act. She contends she satisfied the ... of his discretion, declined to award attorney's fees under N.J.S.A. 59:9-5. The statute provides: In any action brought against a public ... any case where damages are awarded for pain and suffering. [N.J.S.A. 59:9-5.] The judge declined to award fees because 'the statute is ... had discretion to decline to award attorney's fees under N.J.S.A. 59:9-5, we need not address plaintiff's argument the judge erred ...

docket:	a0046-22
court:	NJ Superior Court Appellate Division
decided:	2023-11-21
status:	Unpublished
citation:
Document Size:	20264

4 SAMANTHA YAKAL-KREMSKI, et al. v. DENVILLE TOWNSHIP BOARD OF EDUCATION, -- rank: 892

... the trial court's grant of attorneys' fees pursuant to N.J.S.A. 59:9-5, to plaintiff Samantha Yakal-Kremski. Plaintiff, six at the time ... in awarding attorneys' fees, and particularly in awarding fees under N.J.S.A. 59:9-5, in an amount so clearly disproportionate to the amount of ... and suffering, noting this amount was not recoverable pursuant to N.J.S.A. 59:9-5 vests a trial judge with discretion to award attorneys' fees ... this fee-shifting statute is expressed in the comment to N.J.S.A. 59:9-5:             With the exception of aggravated circumstances where pain and suffering ... judge in assessing a reasonable award of fees pursuant to N.J.S.A. 59:9-5. Nickerson v. City of Newark , 220 N.J. Super. 284 ... but that was not the issue on an application under N.J.S.A. 59:9-5. While the statute is designed to reimburse a plaintiff ...

docket:	a4745-98
court:	njappellate
decided:	2000-04-12
status:	published
citation:	329 N.J.Super. 567
Document Size:	24388

5 KERRY A FUREY ET AL AND COUNTY OF OCEAN -- rank: 849

... an award of counsel fees against the County, pursuant to N.J.S.A. 59:9-5. This application was denied. It is only from the denial ... be considered by the trial judge. The plain language of N.J.S.A. 59:9-5, authorizing the award of attorney's fees, negates such a conclusion. N.J.S.A. 59:9-5, entitled "Discretion to award attorney's fees; limitation," provides:             In ... s Task Force on         Sovereign Immunity (May 1972); reprinted at N.J.S.A.         59:9-5 (Historical Notes) .]     The March 20, 1995 order denying "plaintiff's ... expert fees, witness fees, reasonable attorney's fees, pursuant to N.J.S.A. 59:9-5" appears to have been based on the following observation of ... judge in assessing a reasonable award of fees pursuant to N.J.S.A. 59:9-5.     On remand, we consider it vital that the judge ...

docket:	a4157-94
court:	njappellate
decided:	1996-01-31
status:	published
citation:	287 N.J.Super. 42
Document Size:	14318

6 FREDERICK WATERS V. TWP OF GALLOWAY -- rank: 807

... claim for counsel fees, the court, as noted, relied upon N.J.S.A. 59:9-5 of the Tort Claims Act. The appeal and cross-appeal ...

docket:	a1244-93
court:	njappellate
decided:	1995-12-27
status:	published published
citation:	286 N.J.Super. 222
Document Size:	49766

7 DOUG PERKINS v. BOROUGH OF MANASQUAN -- rank: 785

... it was an error to award counsel fees. Defendant concedes N.J.S.A. 59:9-5 permits an award of counsel fees when A-0902-19 ... any case where damages are awarded for pain and suffering. [N.J.S.A. 59:9-5.] The trial judge quoted the following comment to the TCA ... one before this [c]ourt. The motion judge properly applied N.J.S.A. 59:9-5 in awarding plaintiff counsel fees. Nickerson, was not binding on ...

docket:	a0902-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-08
status:	Unpublished
citation:
Document Size:	53464

8 BOROUGH OF SEASIDE PARK v. JESSE SADEJ -- rank: 742

... 92-93. We note that a provision in the TCA, N.J.S.A. 59:9-5, allows a discretionary award of counsel fees in favor of ...

docket:	a6596-06
court:	superior court appellate division
decided:	2009-07-17
status:	unpublished
citation:
Document Size:	114543

9 LARRY KOLCZYCKI, ET AL VS CITY OF EAST ORANGE, ET AL -- rank: 721

... the discretion to award counsel fees where deemed appropriate. See N.J.S.A. 59:9-5.     Moreover, under R. 4:23-2, where a party fails ...

docket:	a5772-96
court:	njappellate
decided:	1999-02-02
status:	published
citation:	317 N.J.Super. 505
Document Size:	34668

10 LAW OFFICES OF GOLD, ALBANESE BARLETTI & VELAZQUEZ v. JERSEY CITY MUNICIPAL UTILITIES AUTHORITY -- rank: 610

... court granted plaintiff's motion for counsel fees pursuant to N.J.S.A. 59:9-5, awarding plaintiff $74,797.82. On appeal, defendant contends that ... judgment. The award of counsel fees was made pursuant to N.J.S.A. 59:9-5, which authorizes a discretionary award of counsel fees. However, the ... of plaintiff's application for attorney's fees pursuant to N.J.S.A. 59:9-5, consistent with the applicable principles set forth in Furey v ...

docket:	a5849-07
court:	superior court appellate division
decided:	2009-07-24
status:	unpublished
citation:
Document Size:	42673

11 PUBLIC SERVICE ELECTRIC & GAS COMPANY v. EAST ORANGE WATER COMMISSION -- rank: 471

... from the award of counsel fees to PSE&G. See N.J.S.A. 59:9-5 which permits the trial court to award a successful claimant ...

docket:	A2893-04
court:	NJ Superior Court Appellate Division
decided:	2006-10-02
status:	unpublished
citation:
Document Size:	29036