You be the Judge: Be Honest With The Court

YOU BE THE JUDGE

BE HONEST WITH THE COURT

If you have been involved in a lawsuit, this may interest you.

A litigant has an obligation to be honest in a lawsuit, both to the Court and to his adversary.

In Triffin v. Automated Data Processing, Inc., A-5533-07, the Appellate Division of the Superior Court recently reviewed a claim that a litigant had not fulfilled this important obligation.

The plaintiff sued, claiming he was the assignee of certain individuals who were owed money by defendant. Defendant denied the claim and counterclaimed that plaintiff's alleged assignments were fraudulent.

At the trial, the jury found fraud had been committed and awarded damages to defendant. But on appeal, the Appellate Division reversed -- it held defendant actually had no money damages because it refused to pay on the assignments.

YOU BE THE JUDGE: Are there no sanctions for a litigant who presents fraudulent documents?

While the defendant had no money damages, the Court thought there was a possible fraud on the Court. It remanded the matter for a hearing to determine whether that had occurred.

After the hearing, the trial judge found there was indeed a fraud; plaintiff had electronically manipulated the signatures of the assignors without their knowledge or explicit consent. It imposed sanctions upon plaintiff's ability to file and prosecute litigations in the future and, further, awarded the defendant legal fees for defending the specious claims.

The Appellate Division affirmed this result. It noted that a court has inherent, equitable jurisdiction to punish a litigant who abuses the judicial process because it causes money to be spent for jurors, judges, staff and public facilities.

The decision points out that a courtroom can bring justice and may be the only way to protect your rights. Our Firm knows courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades in Ho-ho-kus, Ridgewood, Oakland, Saddle River, Paramus and throughout Bergen County, Morris County, Passaic County, Essex County and Hudson County. Please contact us to discuss how we can help you protect your rights in a new lawsuit or provide a Asecond opinion@ about your pending lawsuit. There is no obligation for the initial consultation.