NINA SEIGELSTEIN VS. SHREWSBURY MOTORS, INC., ET AL. (L-4072-15, MONMOUTH COUNTY AND STATEWIDE) (A-3801-18T2)

NINA SEIGELSTEIN VS. SHREWSBURY MOTORS, INC., ET AL. (L-4072-15, MONMOUTH COUNTY AND STATEWIDE) (A-3801-18T2) In this appeal of an award of counsel fees in a class action consumer fraud lawsuit that resulted in a settlement, the court held that the trial court mistakenly exercised its discretion when it relied on personal experience in private practice as well as unpublished decisions to reduce the hourly rates for the participating attorneys. In support of the fee application, class counsel submitted certifications by the lead attorneys, both highly experienced in class action consumer protection litigation, attesting that the hourly rates were consistent with their standard hourly rates and had been previously approved in several New Jersey state and federal cases. The claimed rates were further bolstered by supporting certifications from three experienced unaffiliated practitioners, certifying that the hourly rates billed were reasonable and consistent with rates charged in the community by lawyers of comparable experience. The court concluded that class counsel's submissions, which were not contested by defense counsel but were rejected by the trial court, mirrored the methodology deemed acceptable in Rendine v. Pantzer, 141 N.J. 292 (1995), governing the award of attorney's fees under a fee-shifting statute.