McKeown-Brand v. Trump Castle Hotel & Casino

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that movants bear the burden of proving bad faith and that honest attempts to pursue \marginal\ claims do not warrant sanctions
• holding that pursuant to N.J.S.A. 2A:15-59.1, a prevailing party may also move for sanctions against a party who has filed a frivolous pleading, defined similarly to Rule 1:4-8(a)(1), (2)
• holding that pursuant to N.J.S.A. 2A:15-59.1, a prevailing party may also move A-1164-22 34 for sanctions against a party who has filed a frivolous pleading, defined similarly to Rule 1:4-8(a)(1) to (2)
• interpreting the NJFCA, and stating that “the award of counsel fees has been considered a procedural matter for the courts ... ”
• construing statute that permitted award of attorney fees against nonprevailing party for frivolous litigation as applying only to parties and not attorneys to avoid declaring statute unconstitutional under Winberry
• stating that the Legislature intended that the statute’s application be limited

Source: CourtListener parenthetical corpus (CC0).