WILLIAM F. BRUNT, JR. VS. BOARD OF TRUSTEES, POLICE & FIREMENS'S RETIREMENT SYSTEM, ET AL. (L-1573-16, MONMOUTH COUNTY AND STATEWIDE) (CONSOLIDATED) (A-1406-16T1/A-1457-16T1)
Absent a contract, statutory provision or court rule authorizing fee-shifting, New Jersey follows the so-called "American Rule," requiring litigants to bear their own litigation costs regardless of who prevails. In this consolidated action, the panel reverses an award of attorneys' fees, jointly and severally, against the Board of Trustees of the Police and Firemen's Retirement System, and plaintiff's former employer, the Township of Middletown.The panel concludes the trial court, in an action in lieu of prerogative writs against the Board, Middletown, and certain of their employees, erroneously awarded counsel fees to plaintiff on equitable grounds. Because there was no legal basis to support the award of those fees, the panel reverses.
Absent a contract, statutory provision or court rule authorizing fee-shifting, New Jersey follows the so-called "American Rule," requiring litigants to bear their own litigation costs regardless of who prevails. In this consolidated action, the panel reverses an award of attorneys' fees, jointly and severally, against the Board of Trustees of the Police and Firemen's Retirement System, and plaintiff's former employer, the Township of Middletown.The panel concludes the trial court, in an action in lieu of prerogative writs against the Board, Middletown, and certain of their employees, erroneously awarded counsel fees to plaintiff on equitable grounds. Because there was no legal basis to support the award of those fees, the panel reverses.
