Supreme Court of New Jersey

Peter Innes and Victoria Solenne Innes, by Her Guardian Peter Innes, Plaintiffs-Respondents v. Madeline…

April 26, 2016224 N.J. 584

Summary

The Court held that a prevailing beneficiary may recover attorneys' fees when attorneys acting as fiduciaries intentionally breach an escrow agreement, but remanded for a finding of intent. The decision refines the exception to New Jersey's general rule against fee-shifting. Justice LaVECCHIA dissented, arguing the majority improperly expands fee‑shifting beyond established limits.