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D. Russo, Inc. v. TP. OF UNION

NJSUPERCTAPPDIVDecember 29, 2010No. A-0763-09T1Cited 7 times
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Case Details

Judge(s)
Judges Skillman, Parrillo and Yannotti
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

The appellate court reversed the trial court's denial of attorney's fees and remanded for determination of whether plaintiffs' litigation was the 'catalyst' for the defendant township's repeal of a sexually-oriented business ordinance, establishing that the catalyst theory applies to attorney's fees under New Jersey's Civil Rights Act.

What This Ruling Means

**Court Rules on Attorney Fees for Civil Rights Case** This case involved a dispute between D. Russo, Inc. and the Township of Union over a local ordinance that regulated sexually-oriented businesses. The company challenged the ordinance, claiming it violated their civil rights. During the legal proceedings, the township decided to repeal (cancel) the ordinance entirely. The key issue became whether the company could recover attorney's fees for their lawsuit, even though the case never went to a full trial. The lower court initially said no, but the appeals court disagreed and sent the case back for reconsideration. The appeals court ruled that under New Jersey's Civil Rights Act, plaintiffs can recover attorney's fees if their lawsuit was the "catalyst" that caused the defendant to change their behavior - in this case, repealing the problematic ordinance. This means you don't necessarily have to win a final court judgment to get your legal costs covered. **Why this matters for workers:** If you file a civil rights lawsuit and your employer fixes the problem before trial (like changing a discriminatory policy), you may still be able to recover your attorney's fees. This makes it less financially risky to challenge workplace discrimination or violations of your civil rights.

This summary was generated to explain the ruling in plain English and is not legal advice.

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