In a case of first impression, an Essex County judge has awarded counsel fees during a pending Consumer Fraud Act suit, brought by a couple who claim they were scammed by two foreclosure-rescue.

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for an award of attorney fees. Although the statutes generally require that the designated party simply prevail in order to be eligible for attorney fees, occasionally there is an additional requirement. For example, in some cases the winner may only recover attorney fees if the loser acted in bad faith in bringing or defending the action.

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Stopping fraud through consumer class action lawsuits. We have successfully prosecuted scores of consumer class action lawsuits against many of the largest U.S. banks, financial service companies, and corporations. Working with co-counsel, we have achieved judgments and settlements in excess of $3 billion for consumers in these cases.

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January 11, 2017 For immediate release. By Jeannie O’Sullivan. Law360, New York (January 11, 2017, 5:28 PM EST) – The New Jersey Appellate Division on Wednesday upheld a roughly $100,000 cut to an attorneys’ fees award in a consumer fraud row, ruling that the award was proportionate to the plaintiff’s limited jury award in the case.

Freedom Mortgage has been found guilty of violating New Jersey’s Consumer Fraud Act in a suit brought against the mortgage lender by Mamie Major, who alleged that the lender issued her a home.

Law360, New York (June 12, 2013, 4:15 PM EDT) — A New Jersey mortgage company driven into bankruptcy in part by a $780,000 jury verdict tied to allegations of consumer fraud. The suit also alleges.

Reasonableness Limitations on Attorneys’ Fees. Awards of attorneys’ fees face yet another hurdle in many bankruptcy courts-a determination that they are reasonable. Of course, 506(b) specifically provides that only reasonable attorneys’ fees are allowable as secured claims, and many states impose reasonableness restrictions on all fees as well.

Significant damage awards in other mortgage fraud cases around the country have been based on emotional distress damages. See, e.g ., Hoffman v. Stamper , 867 A.2d 276, 298 (Md. 2005) (overturning uniform emotional distress awards of $145,000 each absent proof of physical manifestation); Vasquez-Lopez v.