can I get my legal fee compensated?

[johnny.h.hunter]

What is the name of your state (only U.S. law)? New Jersey

I am in a lawsuit but already winning the case. My lawyer filed the motion to dismiss and now the status is unopposable.

There are two major grounds in our motion to dismiss: the lawsuit directly violated a government order that was imposed on the suing party 6 years ago; and the lawsuit has passed the limitation of statute.

The opposing lawyer resigned after he read our evidence, citing his fundamental conflict with his client in interpreting the evidence.

Nevertheless, even such a slam duck case costs me near $30k so far. My question is, since we are winning, and the complaint was maliciously filed and totally meritless, what is the chance we can have them compensate my legal fee? Or do I have to file a counter-suit to get my money back? My lawyer said unfortunately the US laws protects losers, we put this request in the motion anyway.

Thanks for your input!

 

[Proserpina]

What is the name of your state (only U.S. law)? New Jersey

I am in a lawsuit but already winning the case. My lawyer filed the motion to dismiss and now the status is unopposable.

There are two major grounds in our motion to dismiss: the lawsuit directly violated a government order that was imposed on the suing party 6 years ago; and the lawsuit has passed the limitation of statute.

The opposing lawyer resigned after he read our evidence, citing his fundamental conflict with his client in interpreting the evidence.

Nevertheless, even such a slam duck case costs me near $30k so far. My question is, since we are winning, and the complaint was maliciously filed and totally meritless, what is the chance we can have them compensate my legal fee? Or do I have to file a counter-suit to get my money back? My lawyer said unfortunately the US laws protects losers, we put this request in the motion anyway.

Thanks for your input!

Please explain this.

It's not uncommon at all for the losing party to be ordered to pay the fees of the prevailing party.

 

[norsedude]

My understanding (from having been sued frivolously) is that unless there is an applicable statute or contractual relationship, the American Rule applies and everyone gets to pay their own attorney's fees.

Personal note: While I understand the idea that the rule is in place so as not to discourage those with legitimate claims, it does open the door for those with the financial means and desire to legally harass others. Been there, had that done to me. But I didn't "win" my case, the plaintiff filed a non-suit just before he lost. Maybe there's some standing to recover since the OP will actually win the case?

 

[johnny.h.hunter]

thanks to all

thanks to proserpina and norsedude. To proserpina: what I meant by "protects the losers" is that the plaintiff is not liable for the other side's legal fee even they lose, as explained by norsedude about the retionale behind that.

From your assessments it seems I still get a chance to win back my money. However, if it is not happening I have no choice but go for a counter-sue. In that case, how much time do I have before the limitation of statute expires? I received the summon in Aug, 2011 and filed motion to dismiss by the end of Sept. And anyone can suggest a competent New Jersey lawyer? My lawyer is OK but I might want to see more lawyers.

 

[Zigner]

What is the name of your state (only U.S. law)? New Jersey

I am in a lawsuit but already winning the case. My lawyer filed the motion to dismiss and now the status is unopposable.

There are two major grounds in our motion to dismiss: the lawsuit directly violated a government order that was imposed on the suing party 6 years ago; and the lawsuit has passed the limitation of statute.

The opposing lawyer resigned after he read our evidence, citing his fundamental conflict with his client in interpreting the evidence.

Nevertheless, even such a slam duck case costs me near $30k so far. My question is, since we are winning, and the complaint was maliciously filed and totally meritless, what is the chance we can have them compensate my legal fee? Or do I have to file a counter-suit to get my money back? My lawyer said unfortunately the US laws protects losers, we put this request in the motion anyway.

Thanks for your input!

The bolded/underlined portion above is what you would need to prove. Your attorney can assist.

 

[johnny.h.hunter]

To Zigner: Yes We did, with solid evidence presented."bad faith" is the word my lawyer used in the motion to describe the suing party's violation of a government order. Now it's up to the judge to decide if he will buy it.

Thanks guys!

 

[Zigner]

Yes We did...

...in your opinion.

 

[johnny.h.hunter]

To zigner: yes, it's my opinion. That's why I said it's up to the Judge to decide. Now the status is the opposing side wanted to drop the case (Voluntary dismissal), but I have to pay my own legal fee. My lawyer suggested me to take it.

 

[HomeGuru]

What is the name of your state (only U.S. law)? New Jersey

I am in a lawsuit but already winning the case. My lawyer filed the motion to dismiss and now the status is unopposable.

There are two major grounds in our motion to dismiss: the lawsuit directly violated a government order that was imposed on the suing party 6 years ago; and the lawsuit has passed the limitation of statute.

The opposing lawyer resigned after he read our evidence, citing his fundamental conflict with his client in interpreting the evidence.

Nevertheless, even such a slam duck case costs me near $30k so far. My question is, since we are winning, and the complaint was maliciously filed and totally meritless, what is the chance we can have them compensate my legal fee? Or do I have to file a counter-suit to get my money back? My lawyer said unfortunately the US laws protects losers, we put this request in the motion anyway.

Thanks for your input!

**A: what the heck is a slam duck case? Is your lawyer a lame duck?

 

[johnny.h.hunter]

slam dunk.

 

[Proseguru]

If the SOL was expired then all that was really needed was an answer with affirmative defenses and then a motion for summary judgment.

Why 30K?