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Monday, October 19, 2009

10-14-09 Thomas Best v. C&M Door Controls, Inc. (A-57-08)

DATE NAME OF CASE (DOCKET NUMBER)
10-14-09 Thomas Best v. C&M Door Controls, Inc. (A-57-08)
A defendant can never be awarded fees under Rule 4:58,
the offer-of-judgment rule, in a case involving the
Conscientious Employee Protection Act (CEPA), the
Prevailing Wage Act (PWA), or a similar fee-shifting
statute. However, a trial judge may take into account
a plaintiff’s unreasonable rejections of an offer of
judgment in calculating plaintiff’s award under such a
statute.

Assistant Editor: Umair Hussain