Antonucci v. Morris County Cardiology Consultants, PA, — N.J. Super. – (App. Div. 2013)

Practice Areas: Directors and Officers Litigation, Employment Law

On remand from the Appellate Division, the Superior Court, Chancery Division, Morris County, determined that plaintiff, a former member of a cardiology practice, was entitled to a severance payment in an amount consistent with the formula contained in his employment contract. The trial court refused to award attorneys’ fees and costs to defendants pursuant to the offer of judgment rule and held that an amendment to the rule during the pendency of litigation required the defendants to renew the previously made offer of judgment. Plaintiff and defendants appealed. The Superior Court, Appellate Division affirmed the determinations of the trial court with regard to the amount due plaintiff and the application of the amended offer of judgment rule.

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