No. 22-482

Kevin Kerveng Tung, P.C., et al. v. Janet Yijuan Fou

Lower Court: New Jersey
Docketed: 2022-11-21
Status: Denied
Type: Paid
Relisted (2)
Tags: attorney-fees causation causation-damages constitutional-rights damages due-process jury-award legal-malpractice
Key Terms:
ERISA DueProcess Privacy JusticiabilityDoctri
Latest Conference: 2023-01-20 (distributed 2 times)
Question Presented (AI Summary)

Whether the Petitioner's constitutional right to due process was violated

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Supreme Court of New Jersey denied the Petition for Certification from a decision of the Appellate Division of the Superior Court of New Jersey, which had affirmed in part, vacated in part, and remanded for further proceedings. In the history of American Jurisprudence, this case is likely the first instance where the original an astronomic attorney fee award in the amount of $1,547,063.31 was compounded with attorney fees in a legal malpractice case of an uncontested divorce case involving a mere $1,000 in legal fees, where the elements of causation and damage were never established by the plaintiff. Three questions are presented: 1. Whether the Petitioner’s constitutional right to due process was violated when the Appellate Division of the Superior Court of New Jersey substituted an unsubstantiated jury award of $500,000 (which was vacated for Plaintiffs failure to prove damages) with a new award for $449,798.50 to Plaintiff for attorney fees despite the fact that Petitioner was not afforded an opportunity to challenge this award and the trial records are devoid of any analysis regarding the legal fees claimed by Plaintiff. 2. Did the trial court commit an error by sending the case to a jury to infer causation and damages from circumstantial evidence in a legal malpractice trial where the Plaintiff failed to prove causation and damages with direct evidence proffered ii by the opinion of the Plaintiffs expert in the underlying malpractice action. 3. Between Plaintiff and Defendant in a legal malpractice trial where Plaintiff was found to sustain no damages in the underlying malpractice case, who bears the burden to prove (i) the element of causation and the amount of legal fees permitted to be shifted, and (ii) the element of causation and the | amount of damages sustained (through use of an expert witness or through inference from circumstantial | evidence by the jury)? |

Docket Entries

2023-01-23
Petition DENIED
2023-01-23
Petition DENIED.
2023-01-04
DISTRIBUTED for Conference of 1/20/2023.
2022-11-21
Motion (22M36) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2022-11-02
MOTION (22M36) DISTRIBUTED for Conference of 11/18/2022.
2022-08-29
Motion (22M36) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2022-08-29
Petition for a writ of certiorari filed. (Response due December 21, 2022)

Attorneys

Kevin Kerveng Tung, P.C., et al.
Kevin Kerveng TungKevin Kerveng Tung, P.C., Petitioner
Kevin Kerveng TungKevin Kerveng Tung, P.C., Petitioner