Legal Opinion

In re K.L.F.

New Jersey Superior Court Appellate Division

Decided May 3, 1993PublishedCited by 6 opinions

1Opinion of the Court

NAPOLITANO, J.S.C.

I. INTRODUCTION

This case addresses the applicability of the Frivolous Pleading Statute, N.J.S.A. 2A:15-59.1, to an agency of the government of the State of New Jersey, here, the Division of Youth and Family Services of the Department of Human Services, when that agency has been a non-prevailing litigant whose pleadings and positions during the litigation are claimed by the prevailing party to be frivolous. For the reasons set forth below, this court finds that N.J.S.A. 2A:15-59.1 does apply to the State and all agencies and political subdivisions thereof, but does not award…

2Cases cited30 opinions

  1. Hall v. ColeSupreme Court of the United States · 1973
  2. International Society for Krishna Consciousness, Inc. v. LeeSupreme Court of the United States · 1992
  3. Winberry v. SalisburySupreme Court of New Jersey · 1950
  4. State v. GeraldSupreme Court of New Jersey · 1988
  5. In Re the Guardianship of K.L.F.Supreme Court of New Jersey · 1992

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3Cited by6 opinions

  1. In Re FarnkopfNew Jersey Superior Court Appellate Division · 2003
  2. B.F. & K.L.F. v. Division of Youth & Family ServicesNew Jersey Superior Court Appellate Division · 1997
  3. Division of Youth & Family Services v. P.M.New Jersey Superior Court Appellate Division · 1997
  4. Everest Reinsurance Co. v. Newark Division of Tax Abatement & Special TaxesNew Jersey Tax Court · 1998
  5. Borough of Englewood Cliffs v. Thomas J. TrautnerSupreme Court of New Jersey · 2025

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