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Complex Civil Litigation

4/8/2010
Frank T. Luciano, Esq.
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CONSUMER FRAUD ATTORNEY IN BERGEN, PASSAIC AND MORRIS COUNTIES: THE CFA AND THE SPECIAL CIVIL PART OF THE SUPERIOR COURT


The Special Civil Part of the Superior Court is limited to cases where the damage claim does not exceed $15,000.  While it is a court where a litigant can go to obtain a quick resolution of a legal controversy without the expensive discovery process found in the Law Division of the Superior Court, if the award exceeds the $15,000 jurisdictional limit the excess amount will be forfeited.

In those cases, where a claimant files an action in the Special Civil Part grounded upon a violation of  New Jersey’s Consumer Fraud Statute (CFA), the question becomes whether the claimant’s attorney’s fees can be considered in determining the $15,000 cap on damages.  On this issue, the courts have concluded that reasonable attorney fees under the CFA are not to be considered damages and as a result cannot be contained by the $15,000 jurisdictional amount in the Special Civil Part.




Frank T. Luciano, Esq., is a trial lawyer in Bergen County,  Passaic County, Hudson County and Morris County, with over thirty years of experience, who specializes in complex civil litigation, including  legal malpractice, construction claims, wrongful death actions, wills and estate contests and liquor law liability cases. 


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