McKeown-Brand v. Trump Castle Hotel & Casino

The opinion of the Court was delivered by

POLLOCK, J.

This case, like its companion case, Lewis v. Lewis, 132 N.J. 541, 626 A. 2d 422 (1993), also decided today, requires that we review N.J.S.A. 2A:15-59.1. In general, that statute allows the award of attorney’s fees to a prevailing party in a lawsuit if the non-prevailing party asserts a claim or defense “in bad faith, solely for the purpose of harassment, delay or malicious injury,” N.J.S.A. 2A:15-59.1b(l), or if “[t]he nonprevailing party knew, or should have known, that the complaint, counterclaim, cross-claim or defense was without any…