DiMisa v. Acquaviva

At issue in this appeal is the so-called third-party exception to the American Rule governing counsel fees, which provides for an award to a litigant who, through the fault of another, is required to institute or defend an action involving a third party. The trial judge ruled that under the facts presented, the third-party exception was inapplicable. The Appellate Division disagreed. DiMisa v. Acquaviva, 400 N.J.Super. 307, 318, 947 A.2d 168 (App.Div. 2008). We granted certification, 196 N.J. 464, 957 A.2d 1172 (2008), and now reverse. We hold that where the tortfeasor and the putative third…