United States Third Circuit

In a products-liability action claiming defects in braking systems in defendant's cars, an order awarding attorney's fees under California law is reversed where: 1) no substantive provision of California law had ever been pled, nor had any underlying California cause of action ever been found violated; and 2) the district court was bound to apply New Jersey's attorney's fees rule.

Appellate Information

• Decided 08/07/2008
• Published 08/07/2008

Judges

• Before:  SLOVITER, BARRY and ROTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• D. Brian Hufford, Esq. (Argued), Pomerantz, Haudek, Block, Grossman & Gross, New York, NY, and Bruce D. Greenberg, Esq., Allyn Z. Lite, Esq., Lite, De Palma, Greenberg & Rivas, Newark, NJ, for Appellant.


• For Appellees:
  
• Theodore J. Boutrous, Jr., Esq. (Argued), Gibson, Dunn & Crutcher, Los Angeles, CA, and Thomas R. Curtin, Esq., Graham Curtin, Morristown, NJ, for Appellees.