In a precedent-setting case decided and released for publication on May 16, 2008, the New Jersey Appellate Division carved out an exception to New Jersey's general adherence to the American Rule that parties should bear their own attorneys' fees.  The Court also, for the first time, expressly recognized as the law of New Jersey § 914(2) of the Restatement (Second) of Torts, which allows fee-shifting in certain circumstances, even where not authorized by statute, court rule or contract.

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Precedent-Setting New Jersey Appellate Court Decision