Wilman Pinto and Alvaro Vasquez v. Spectrum Chemicals,
et al. (A-94-08) 1-21-10
The Court upholds the decision of the trial judge who
found that the parties did not reach a settlement
through the mediator. In addition, the Court lifts
the bar that Coleman v. Fiore Bros., 113 N.J. 594
(1989) placed on public-interest attorneys and
defendants from simultaneously negotiating merits and
attorneys’ fees claims in Consumer Fraud Act (CFA)
cases. In the Conscientious Employee Protection Act
(CEPA) and the New Jersey Law Against Discrimination
(LAD) claims at issue in this case, and in future CFA
cases, public-interest counsel may simultaneously
negotiate merits and fees. Defendants, however, may
not insist on a waiver of fees or dictate how
settlement proceeds should be divided between a
public-interest attorney and her client in a fee-
shifting case.
