by Marvin Schuldiner | Dec 5, 2023 | Commercial Mediation, Lawsuits
Fee shifting is permitted when a statute or contractual provision provides for the loser of a lawsuit to pay the winner’s legal costs. Generally in the United States, we follow the “American Rule” where each party in a lawsuit pays for their own...
by Marvin Schuldiner | Apr 28, 2016 | Commercial Mediation, Lawsuits
Traditionally, the “American Rule” has prevailed in New Jersey, meaning each side pays their own legal fees in a lawsuit. (This is contrasted with the “British Rule” where the loser of the litigation pays all fees.) There are public policy...
