How times have changed. Not so long ago, courts and litigants were unreceptive to alternative dispute resolution (ADR). Now parties make much more use of these alternatives to litigation. Steven Adler, Chair of the Employment Law Department of Cole Schotz recently had an article on the subject published in the MArch 28, 2011 issue of
employment litigation
New Jersey Supreme Court Bars Offer-of-Judgment Fee Awards To Defense Counsel In Fee-Shifting Cases
By Kathryn Dugan on
Posted in Wage and Hour and Executive Compensation
The New Jersey Supreme Court recently ruled in Best v. C&M Door Controls, Inc., _N.J._ (Oct. 14, 2009) that defendants can never be awarded counsel fees under the offer-of judgment rule in any case in which plaintiffs benefit from a statutory fee-shifting provision, including the Prevailing Wage Act (“PWA”).
The offer of judgment rule…