In a riveting legal showdown, a New Jersey appellate panel has upheld a lower court’s ruling, denying Elliott Greenleaf PC more than $50,000 in counsel fees for its representation of a Philadelphia contractor in a heated contract dispute. The decision, handed down on Thursday, centers around the captivating argument that a mid-trial involuntary dismissal, following an offer of judgment, does not warrant the award of counsel fees.
NJ Panels upholds Elliott Greenleaf Construction Spat Denial :The Verdict
A three-judge panel, in a published opinion, resolutely upheld the trial court’s denial of the application for $56,554 in counsel fees and costs submitted by the Pennsylvania-based firm. The case revolved around the client, LPMG Construction Management LLC, which had secured a directed verdict over claims brought by the tenacious electrical contractor, J.P. Electric Inc.
NJ Panels upholds Elliott Greenleaf Construction Spat Denial : The Twist
What adds an extra layer of perplexity to this courtroom drama is the panel’s assertion that J.P. Electric’s claims were involuntarily dismissed after an offer of judgment made by LPMG. Consequently, under the state court’s offer of judgment rules, they determined that counsel fees were not warranted.
The Origin of the Conflict:
The saga began in 2018 when J.P. Electric sued JPMG, alleging that they were owed slightly over $53,000 for their work on an Atlantic City construction project. This monetary dispute set the stage for an enthralling legal battle.
