Plaintiff's Motion In Limine To Be Deemed A Prevailing Party Denied Where There Were Material Issues of Fact

D.G. v. North Plainfield Bd. of Educ., et al., Docket No. A-3988-05T5 (App. Div. 2008) – Plaintiff alleged that her son suffered discrimination by the Board of Education in violation of the LAD and the ADA.  The school had taken extensive measures to accommodate D.G., but his mother was unsatisfied with them. Prior to trial, plaintiff made a motion in limine to be declared a “prevailing party,” thus entitling her to counsel fees and damages. Her motion was based upon the argument that the school board made further accommodations to the physical structure of the building, after receiving her expert report, and that she was therefore successful on her claims.

The Appellate Division affirmed the trial court’s denial of the motion, because the school board argued the changes were made for other reasons unrelated to the expert report, and it was premature to declare a prevailing party when there were issues of fact to be decided by the jury.

Note: This article was published in the May 2008 issue of the New Jersey eAuthority.