Legal Opinion

Serico v. Rothberg

Supreme Court of New Jersey

Decided July 19, 2018No. A-69 September Term 2016; 079041PublishedCited by 22 opinions

1Opinion of the CourtJustice Fernandez-Vina

**171This appeal arises from plaintiff Lucia Serico's1 motion for attorney's fees and other litigation expenses pursuant to Rule 4:58 after a jury trial on medical malpractice claims against Robert M. Rothberg, M.D. At issue is whether Serico may collect attorney's fees from Rothberg despite entering into a "high-low agreement"2 that *346limited the amount she could recover at trial to $1,000,000. We determine that the high-low agreement is a settlement subject to the rules of contract interpretation. Accordingly, based on the expressed intent of the parties and the context of the agreement, we…

2Cases cited11 opinions

  1. Manalapan Realty v. Township Committee of the Township of ManalapanSupreme Court of New Jersey · 1995
  2. Kieffer v. Best BuySupreme Court of New Jersey · 2011
  3. Manahawkin Convalescent v. Frances O'neill (071033)Supreme Court of New Jersey · 2014
  4. Gonzalez v. Safe & Sound Security Corp.Supreme Court of New Jersey · 2005
  5. In the Matter of County of Atlantic In the Matter of Township of Bridgewater (077447) (Statewide)Supreme Court of New Jersey · 2017

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3Cited by22 opinions

  1. Artem Gelis v. BMW of North America LLCCourt of Appeals for the Third Circuit · 2022
  2. ADP, LLC v. OLSONDistrict Court, D. New Jersey · 2020
  3. BELVERON PARTNERS FUND IV JV, LLC VS. FRANKLIN SQUARE ASSOCIATES (L-2803-17, CAMDEN COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2019
  4. BRDL, LLC VS. RD LEGAL FUNDING, LLC (L-3019-18, BERGEN COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2021
  5. BRIAN AND KRISTINA PUGLIA v. ROSEMARIA PHILLIPS (L-0945-16, BURLINGTON COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2022

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