American rule in New Jersey

2001The American rule has not been hostile to the recovery of counsel fees when authorized by contract, see, e.g., Satellite Gateway Com. v. Musi Dining Car Co., 110 N.J. 280, 286 , 540 A. 2d 1267 (1988), although that right is tempered by the power of a court to construe such an agreement strictly in light of the public policy disfavoring such awards, see, e.g., McGuire v. City of Jersey City, 125 N.J. 310, 326-327 , 593 A. 2d 309 (1991). [9] See, n. 4, supra. [10] The trial court in Collective held that an award of fees is appropriate pursuant to R. 4:42-9(a)(4) even if the obligation is paid pr

2001The American rule has not been hostile to the recovery of counsel fees when authorized by contract, see, e.g., Satellite Gateway Com. v. Musi Dining Car Co., 110 N.J. 280, 286 , 540 A. 2d 1267 (1988), although that right is tempered by the power of a court to construe such an agreement strictly in light of the public policy disfavoring such awards, see, e.g., McGuire v. City of Jersey City, 125 N.J. 310, 326-327 , 593 A. 2d 309 (1991). [9] See, n. 4, supra. [10] The trial court in Collective held that an award of fees is appropriate pursuant to R. 4:42-9(a)(4) even if the obligation is paid pr

2001The American rule has not been hostile to the recovery of counsel fees when authorized by contract, see, e.g., Satellite Gateway Com. v. Musi Dining Car Co., 110 N.J. 280, 286 , 540 A. 2d 1267 (1988), although that right is tempered by the power of a court to construe such an agreement strictly in light of the public policy disfavoring such awards, see, e.g., McGuire v. City of Jersey City, 125 N.J. 310, 326-327 , 593 A. 2d 309 (1991). [9] See, n. 4, supra. [10] The trial court in Collective held that an award of fees is appropriate pursuant to R. 4:42-9(a)(4) even if the obligation is paid pr

2001The American rule has not been hostile to the recovery of counsel fees when authorized by contract, see, e.g., Satellite Gateway Com. v. Musi Dining Car Co., 110 N.J. 280, 286 , 540 A. 2d 1267 (1988), although that right is tempered by the power of a court to construe such an agreement strictly in light of the public policy disfavoring such awards, see, e.g., McGuire v. City of Jersey City, 125 N.J. 310, 326-327 , 593 A. 2d 309 (1991). [9] See, n. 4, supra. [10] The trial court in Collective held that an award of fees is appropriate pursuant to R. 4:42-9(a)(4) even if the obligation is paid pr

2002See generally as to the jurisprudential basis of the American rule and our continued adherence to it, In re Estate of Lash, 169 *968 N.J. 20, 43-44, 776 A. 2d 765 (2001); North Bergen Rex Trans., Inc. v. TLC, 158 N.J. 561, 569 , 730 A. 2d 843 (1999); Rendine v. Pantzer, 141 N.J. 292, 322 , 661 A. 2d 1202 (1995); Gerhardt v. Cont'l Ins.

2002See generally as to the jurisprudential basis of the American rule and our continued adherence to it, In re Estate of Lash, 169 *968 N.J. 20, 43-44, 776 A. 2d 765 (2001); North Bergen Rex Trans., Inc. v. TLC, 158 N.J. 561, 569 , 730 A. 2d 843 (1999); Rendine v. Pantzer, 141 N.J. 292, 322 , 661 A. 2d 1202 (1995); Gerhardt v. Cont'l Ins.

2002The maintenance of the opportunity for free political discussion to the end that government may be responsive to the will of the people and that changes may be obtained by lawful means, an opportunity essential to the security of the Republic, is a fundamental principle of our constitutional system.’ Stromberg v. California, 283 U.S. 359, 369 , 51 S.Ct. 532, 536 , 75 L.Ed. 1117 . ‘(I)t is a prized American privilege to speak one’s mind, although not always with perfect good taste, on ail public institutions,’ Bridges v. California, 314 U.S. 252, 270 , 62 S.Ct. 190, 197 , 86 L.Ed. 192 , and thi

2002The maintenance of the opportunity for free political discussion to the end that government may be responsive to the will of the people and that changes may be obtained by lawful means, an opportunity essential to the security of the Republic, is a fundamental principle of our constitutional system.’ Stromberg v. California, 283 U.S. 359, 369 , 51 S.Ct. 532, 536 , 75 L.Ed. 1117 . ‘(I)t is a prized American privilege to speak one’s mind, although not always with perfect good taste, on ail public institutions,’ Bridges v. California, 314 U.S. 252, 270 , 62 S.Ct. 190, 197 , 86 L.Ed. 192 , and thi

2001The American rule has not been hostile to the recovery of counsel fees when authorized by contract, see, e.g., Satellite Gateway Com. v. Musi Dining Car Co., 110 N.J. 280, 286 , 540 A. 2d 1267 (1988), although that right is tempered by the power of a court to construe such an agreement strictly in light of the public policy disfavoring such awards, see, e.g., McGuire v. City of Jersey City, 125 N.J. 310, 326-327 , 593 A. 2d 309 (1991). [9] See, n. 4, supra. [10] The trial court in Collective held that an award of fees is appropriate pursuant to R. 4:42-9(a)(4) even if the obligation is paid pr

2001The American rule has not been hostile to the recovery of counsel fees when authorized by contract, see, e.g., Satellite Gateway Com. v. Musi Dining Car Co., 110 N.J. 280, 286 , 540 A. 2d 1267 (1988), although that right is tempered by the power of a court to construe such an agreement strictly in light of the public policy disfavoring such awards, see, e.g., McGuire v. City of Jersey City, 125 N.J. 310, 326-327 , 593 A. 2d 309 (1991). [9] See, n. 4, supra. [10] The trial court in Collective held that an award of fees is appropriate pursuant to R. 4:42-9(a)(4) even if the obligation is paid pr

2009This includes reasonable attorney's fees, as awarded here, and those costs that have been traditionally included as reasonable out-of-pocket expenses incurred by the attorney that are normally charged to a fee-paying client, such as photocopying, paralegal expenses, travel and telephone costs, and the like. [4] See Helton, supra, 205 N.J.Super. at 201 n. 3, 500 A. 2d 717 .

2009This includes reasonable attorney's fees, as awarded here, and those costs that have been traditionally included as reasonable out-of-pocket expenses incurred by the attorney that are normally charged to a fee-paying client, such as photocopying, paralegal expenses, travel and telephone costs, and the like. [4] See Helton, supra, 205 N.J.Super. at 201 n. 3, 500 A. 2d 717 .

2009It noted that “[tlhough New Jersey traditionally follows the ‘American rule,’ where each party is required to pay its own fees and other litigation expenses, Rule 4:42-9(a) recognizes certain exceptions” and that “[ojne of those exceptions applies here, that is, where a claim is based on a contract, ‘the rule does not preclude a party from agreeing by contract to pay attorneys’ fees’ ” (quoting Kellam Assocs., Inc. v. Angel Projects, LLC, 357 N.J.Super. 132, 138 , 814 A.,2d 642 (App.Div.2003)).

2009It noted that "[t]hough New Jersey traditionally follows the `American rule,' where each party is required to pay its own fees and other litigation expenses, Rule 4:42-9(a) recognizes certain exceptions" and that "[o]ne of those exceptions applies here, that is, where a claim is based on a contract, `the rule does not preclude a party from agreeing by contract to pay attorneys' fees'" (quoting Kellam Assocs., Inc. v. Angel Projects, LLC, 357 N.J.Super. 132, 138 , 814 A. 2d 642 (App.Div.2003)).

2007One of the few exceptions to the American rule is that if "the commission of a tort proximately causes litigation with parties other than the tortfeasor," "the plaintiff is entitled to recover damages measured by the expense of that litigation with third parties." Jugan v. Friedman, 275 N.J.Super. 556, 573 , 646 A. 2d 1112 (App.Div.), certif. denied, 138 N.J. 271 , 649 A. 2d 1291 (1994) (citing several New Jersey decisions wherein attorney's fees were awarded when fraudulent conduct constituted the underlying offense); Dorofee v. Planning Bd. of the Tp. of Pennsauken, supra, 187 N.J.Super. at

2007One of the few exceptions to the American rule is that if "the commission of a tort proximately causes litigation with parties other than the tortfeasor," "the plaintiff is entitled to recover damages measured by the expense of that litigation with third parties." Jugan v. Friedman, 275 N.J.Super. 556, 573 , 646 A. 2d 1112 (App.Div.), certif. denied, 138 N.J. 271 , 649 A. 2d 1291 (1994) (citing several New Jersey decisions wherein attorney's fees were awarded when fraudulent conduct constituted the underlying offense); Dorofee v. Planning Bd. of the Tp. of Pennsauken, supra, 187 N.J.Super. at

2007The judge also denied BOA's motion for attorney's fees, finding neither a statutory basis for fee shifting, nor fraud to warrant an exception to the American rule embodied in Dorofee v. Planning Bd. of the Tp. of Pennsauken, 187 N.J.Super. 141 , 453 A. 2d 1341 (App.Div.1982).

2007The judge also denied BOA's motion for attorney's fees, finding neither a statutory basis for fee shifting, nor fraud to warrant an exception to the American rule embodied in Dorofee v. Planning Bd. of the Tp. of Pennsauken, 187 N.J.Super. 141 , 453 A. 2d 1341 (App.Div.1982).

2007One of the few exceptions to the American rule is that if "the commission of a tort proximately causes litigation with parties other than the tortfeasor," "the plaintiff is entitled to recover damages measured by the expense of that litigation with third parties." Jugan v. Friedman, 275 N.J.Super. 556, 573 , 646 A. 2d 1112 (App.Div.), certif. denied, 138 N.J. 271 , 649 A. 2d 1291 (1994) (citing several New Jersey decisions wherein attorney's fees were awarded when fraudulent conduct constituted the underlying offense); Dorofee v. Planning Bd. of the Tp. of Pennsauken, supra, 187 N.J.Super. at

2007One of the few exceptions to the American rule is that if "the commission of a tort proximately causes litigation with parties other than the tortfeasor," "the plaintiff is entitled to recover damages measured by the expense of that litigation with third parties." Jugan v. Friedman, 275 N.J.Super. 556, 573 , 646 A. 2d 1112 (App.Div.), certif. denied, 138 N.J. 271 , 649 A. 2d 1291 (1994) (citing several New Jersey decisions wherein attorney's fees were awarded when fraudulent conduct constituted the underlying offense); Dorofee v. Planning Bd. of the Tp. of Pennsauken, supra, 187 N.J.Super. at

2002Co., 48 N.J. 291, 301 , 225 A. 2d 328 (1966).

2002Co., 48 N.J. 291, 301 , 225 A. 2d 328 (1966).

2002The maintenance of the opportunity for free political discussion to the end that government may be responsive to the will of the people and that changes may be obtained by lawful means, an opportunity essential to the security of the Republic, is a fundamental principle of our constitutional system.’ Stromberg v. California, 283 U.S. 359, 369 , 51 S.Ct. 532, 536 , 75 L.Ed. 1117 . ‘(I)t is a prized American privilege to speak one’s mind, although not always with perfect good taste, on ail public institutions,’ Bridges v. California, 314 U.S. 252, 270 , 62 S.Ct. 190, 197 , 86 L.Ed. 192 , and thi

2002The maintenance of the opportunity for free political discussion to the end that government may be responsive to the will of the people and that changes may be obtained by lawful means, an opportunity essential to the security of the Republic, is a fundamental principle of our constitutional system.’ Stromberg v. California, 283 U.S. 359, 369 , 51 S.Ct. 532, 536 , 75 L.Ed. 1117 . ‘(I)t is a prized American privilege to speak one’s mind, although not always with perfect good taste, on ail public institutions,’ Bridges v. California, 314 U.S. 252, 270 , 62 S.Ct. 190, 197 , 86 L.Ed. 192 , and thi

2002The maintenance of the opportunity for free political discussion to the end that government may be responsive to the will of the people and that changes may be obtained by lawful means, an opportunity essential to the security of the Republic, is a fundamental principle of our constitutional system.’ Stromberg v. California, 283 U.S. 359, 369 , 51 S.Ct. 532, 536 , 75 L.Ed. 1117 . ‘(I)t is a prized American privilege to speak one’s mind, although not always with perfect good taste, on ail public institutions,’ Bridges v. California, 314 U.S. 252, 270 , 62 S.Ct. 190, 197 , 86 L.Ed. 192 , and thi

2002The maintenance of the opportunity for free political discussion to the end that government may be responsive to the will of the people and that changes may be obtained by lawful means, an opportunity essential to the security of the Republic, is a fundamental principle of our constitutional system.’ Stromberg v. California, 283 U.S. 359, 369 , 51 S.Ct. 532, 536 , 75 L.Ed. 1117 . ‘(I)t is a prized American privilege to speak one’s mind, although not always with perfect good taste, on ail public institutions,’ Bridges v. California, 314 U.S. 252, 270 , 62 S.Ct. 190, 197 , 86 L.Ed. 192 , and thi

2001The American rule has not been hostile to the recovery of counsel fees when authorized by contract, see, e.g., Satellite Gateway Com. v. Musi Dining Car Co., 110 N.J. 280, 286 , 540 A. 2d 1267 (1988), although that right is tempered by the power of a court to construe such an agreement strictly in light of the public policy disfavoring such awards, see, e.g., McGuire v. City of Jersey City, 125 N.J. 310, 326-327 , 593 A. 2d 309 (1991). [9] See, n. 4, supra. [10] The trial court in Collective held that an award of fees is appropriate pursuant to R. 4:42-9(a)(4) even if the obligation is paid pr

2001The American rule has not been hostile to the recovery of counsel fees when authorized by contract, see, e.g., Satellite Gateway Com. v. Musi Dining Car Co., 110 N.J. 280, 286 , 540 A. 2d 1267 (1988), although that right is tempered by the power of a court to construe such an agreement strictly in light of the public policy disfavoring such awards, see, e.g., McGuire v. City of Jersey City, 125 N.J. 310, 326-327 , 593 A. 2d 309 (1991). [9] See, n. 4, supra. [10] The trial court in Collective held that an award of fees is appropriate pursuant to R. 4:42-9(a)(4) even if the obligation is paid pr