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Offer Of Judgment Rule Changes Apply To Pending Cases

June 9, 2009

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A New Jersey appeals court has ruled that the 2006 amendmenys to the offer of judgment rule apply to cases pending at the time of the changes, absent exceptional circumstances. The decision in Kas Oriental Rugs, Inc v. Ellman, reverses a $218,000 fee award under the previous version of the rule, R. 4:58, since even though the offer was made before the amendment , the fee dispute did not occur until after the rule changes in 2006. The amendments allowed defenses to a fee allowance that were not available when the offer was made and rejected.
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