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Thursday, June 21, 2012

GROW COMPANY, INC. VS. DILIP CHOKSHI, ET AL. A-0026-10T4



GROW COMPANY, INC. VS. DILIP CHOKSHI, ET AL.
 A-0026-10T4

In this appeal, the court reviewed the sufficiency of the
judge's findings in awarding attorney's fees.  Ascertaining a
reasonable fee was complicated because the judge had previously
determined that the contractual provision upon which the award
was based only authorized fee-shifting with regard to certain
discrete aspects of this multi-faceted suit.  To expeditiously
resolve the issue, the judge appointed an expert, who developed
a methodology in which, among other things, a percentage was
assigned to each task and then applied in light of the length of
each written document.  Although the judge recognized the
expert's approach was unusual, the judge adopted it while
further discounting the award derived by the expert based upon
the judge's feel of the case developed during the lengthy
nonjury trial.  The court -- recognizing that no precise formula
is required -- affirmed the award because the expert's
methodology was sufficiently illuminating and also subjected to
the judge's own knowledge and understanding of the case and, in
particular, the performance of prevailing counsel during the
course of the litigation. 03-07-12