Multipliers: New Jersey Supreme Court Hears Oral Argument On Impact Of Federal Perdue v. Kenny A. Decision On Fee Enhancements In State Cases

 

October 25, 2011 Oral Argument Heard on Walker and Humphries Cases.

     In our May 30, 2011 post, we discussed Walker v. Giuffre, a New Jersey appellate division decision which disallowed a 45% fee enhancement in a state consumer fraud case based on the perceived more rigorous analysis applied to multipliers by the U.S. Supreme Court in Perdue v. Kenny A, 130 S.Ct. 1662, 1669 (2010).

     Incidentally, the New Jersey Supreme Court on April 14, 2011 certified for review the companion case of Humphries v. Power Mills Shopping Plaza, N.J.App.Div. Docket No. A-6038-08T1 (Nov. 4, 2010 unpublished), which disallowed a 20% fee enhancement in an ADA/New Jersey disability discrimination case based on Perdue.

     We can now report that both Walker and Humphries were argued before the New Jersey Supreme Court on October 25, 2011, so stay tuned for future developments.

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