Supreme Court of New Jersey

Carolyn Coleman, Plaintiff-Appellant v. Fiore Brothers, Inc.; Federal Investment Corporation; Michael Ippolito…

January 19, 1989113 N.J. 594

Summary

The New Jersey Supreme Court affirmed the Appellate Division, holding that a settlement stipulation dismissing a consumer fraud action with prejudice bars any later claim for statutory attorney's fees. The Court required that fee claims be resolved only after the merits of the consumer fraud claim are settled and barred defense counsel from conditioning settlement on a fee waiver. It also directed public‑interest counsel to disclose fee information and to keep fee negotiations separate from merits negotiations.