The New Jersey Appellate Division upheld a trial court decision awarding sanctions to our client, a civil engineering firm. Partial sanctions were awarded at the trial level after LCBF successfully argued that the plaintiff, who had sued our client in relation to site work at a municipal redevelopment project, brought a frivolous lawsuit against our client despite email evidence that demonstrated our client was free from fault. Plaintiff appealed the sanctions award and LCBF cross-appealed the reduction in the fee award.
In addition to affirming the sanctions and fees ruling, the Appellate held that the trial court did not properly explain the basis for decreasing the amount of sanctions granted. The matter has therefore been remanded to the trial court: (1) for a more thorough explanation of why the full amount of sanctions was not granted, and (2) a readjustment of the fee award, if needed. The LCBF team was headed by Joseph Tomaino and Rachel Morgan.