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The offer of judgment rule must sometimes give way when it runs up against a fee-shifting statute, a New Jersey state appeals court has held. The panel in Best v. C&M Door Controls Inc. found Aug. 19 that awarding fees under the rule clashed with policies behind the Conscientious Employee Protection Act but not those underlying the Prevailing Wage Act. Thus, a worker who won a wage verdict that was lower than the employer?s offer of judgment but lost on his whistleblower claim could recover statutory fees on the wage claim. But the employer was entitled to recover fees under the rule, though only to the extent they were incurred defending the wage claim -- not the whistleblower one.
August 21, 2008 at 05:05 AM
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The original version of this story was published on Law.Com
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