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COLEMAN v. FIORE BROS., INC.

113 N.J. 594 (1989)

552 A.2d 141

CAROLYN COLEMAN, PLAINTIFF-APPELLANT, v. FIORE BROTHERS, INC.; FEDERAL INVESTMENT CORPORATION; MICHAEL IPPOLITO, A/K/A MIKE IPPOLITO, DEFENDANTS-RESPONDENTS. AGNES HOLMES, PLAINTIFF-APPELLANT, v. FIORE BROTHERS, INC.; FEDERAL INVESTMENT CORPORATION; JACK FIORE, JR., DEFENDANTS-RESPONDENTS. FRANK ROBINSON AND BEVERLY ROBINSON, PLAINTIFFS-APPELLANTS, v. FIORE BROTHERS, INC.; FEDERAL INVESTMENT CORPORATION; DOMINICK FIORE, DEFENDANTS-RESPONDENTS. LILLIAN SHEFFIELD, PLAINTIFF-APPELLANT, v. FIORE BROTHERS, INC.; FEDERAL INVESTMENT CORPORATION; MICHAEL IPPOLITO, A/K/A MIKE IPPOLITO, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided January 19, 1989.

Attorney(s) appearing for the Case

Madeline L. Houston argued the cause for appellant (John Atlas, Executive Director, Passaic County Legal Aid Society, attorney).

Gerald B. Goldberg argued the cause for respondents (Jacob M. Goldberg, attorney; Gerald B. Goldberg and Jacob M. Goldberg, on the brief).

Gail Chester argued the cause for amici curiae Legal Services of New Jersey and National Consumer Law Center (Melville D. Miller, Jr., President, Legal Services of New Jersey, attorney; Melville D. Miller, Jr., and Nancy Goldhill, on the brief).

Eric Neisser argued the cause for amicus curiae American Civil Liberties Union of New Jersey (Eric Neisser, Legal Director, American Civil Liberties Union of New Jersey, attorney).

John P. Thurber, Assistant Deputy Public Advocate, argued the cause for amicus curiae Public Advocate (Alfred A. Slocum, Public Advocate, attorney).

The opinion of the Court was delivered by O'HERN, J.

This appeal concerns the proper procedure for resolution of claims by public interest law firms for statutory fees under the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 to -48. We hold that in the circumstances of this case, the stipulation of settlement dismissing with prejudice a consumer fraud action precluded the subsequent assertion of the claims for attorney's fees. In future circumstances, settlement...

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