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42 New Jersey opinions name it 2 courts 1960–2026 7 in the last five years
The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Ramos v. Browning Ferris Industries of South Jersey, Inc.green2 sentences2013The Appellate Division in Ramos v. Browning Ferris Industries of South Jersey, Inc., 194 N.J.Super. 96, 106 , 476 A.2d 304 (App.Div.1984), rev’d on other grounds, 103 N.J. 177 , 510 A.2d 1152 (1986), and this Court in Ramos, supra, 103 N.J. at 181 , 510 A.2d 1152 , rejected an indemnification claim by the plaintiffs supplier of workplace equipment against its employer. 2013The Appellate Division in Ramos v. Browning Ferris Industries of South Jersey, Inc., 194 N.J.Super. 96, 106 , 476 A.2d 304 (App.Div.1984), rev’d on other grounds, 103 N.J. 177 , 510 A.2d 1152 (1986), and this Court in Ramos, supra, 103 N.J. at 181 , 510 A.2d 1152 , rejected an indemnification claim by the plaintiffs supplier of workplace equipment against its employer. | 2 | 7 |
Mantilla v. NC Mall Associatesgreen2 sentences2021Construing this indemnification clause narrowly against Lipowski, see Kieffer, 205 N.J. at 223 , it does not unequivocally indemnify Lipowski for its defense of claims resulting from its own negligence, see, e.g., Mantilla, 167 N.J. at 267, 275 (finding a contract that indemnified a party "from and against any and all claims . . . caused by or arising from the negligence of [the indemnitor]" did not explicitly indemnify that party from costs of defending against claims of its own negligence). 2021Construing this indemnification clause narrowly against Lipowski, see Kieffer, 205 N.J. at 223 , it does not unequivocally indemnify Lipowski for its defense of claims resulting from its own negligence, see, e.g., Mantilla, 167 N.J. at 267, 275 (finding a contract that indemnified a party "from and against any and all claims . . . caused by or arising from the negligence of [the indemnitor]" did not explicitly indemnify that party from costs of defending against claims of its own negligence). | 2 | 4 |
Kieffer v. Best Buygreen2 sentences2021Construing this indemnification clause narrowly against Lipowski, see Kieffer, 205 N.J. at 223 , it does not unequivocally indemnify Lipowski for its defense of claims resulting from its own negligence, see, e.g., Mantilla, 167 N.J. at 267, 275 (finding a contract that indemnified a party "from and against any and all claims . . . caused by or arising from the negligence of [the indemnitor]" did not explicitly indemnify that party from costs of defending against claims of its own negligence). 2021Construing this indemnification clause narrowly against Lipowski, see Kieffer, 205 N.J. at 223 , it does not unequivocally indemnify Lipowski for its defense of claims resulting from its own negligence, see, e.g., Mantilla, 167 N.J. at 267, 275 (finding a contract that indemnified a party "from and against any and all claims . . . caused by or arising from the negligence of [the indemnitor]" did not explicitly indemnify that party from costs of defending against claims of its own negligence). | 1 | 4 |
Stern v. Laroccagreen2 sentences1960Stern v. Larocca, supra , is in agreement with the philosophy that "an indemnification clause will not cover the indemnitee in respect to a claim against it arising out of its own negligence unless the contract contains a clear and unequivocal expression of such intent. [cases cited]" 49 N.J. 1960Stern v. Larocca, supra , is in agreement with the philosophy that "an indemnification clause will not cover the indemnitee in respect to a claim against it arising out of its own negligence unless the contract contains a clear and unequivocal expression of such intent. [cases cited]" 49 N.J. | 1 | 2 |
County of Monmouth v. Hiltongreen1 sentence2019For example, in Kimball we determined that the plaintiff's indemnification claim had been properly assigned because "[i]ndemnity arises from contract, express or implied," id. at 613 (alteration in original) (quoting George M. | 1 | 1 |
Kimball Intern. v. Northfield Metalgreen1 sentence2019For example, in Kimball we determined that the plaintiff's indemnification claim had been properly assigned because "[i]ndemnity arises from contract, express or implied," id. at 613 (alteration in original) (quoting George M. | 1 | 1 |
Hardy Ex Rel. Dowdell v. Abdul-Matingreen1 sentence2017Dowdell v. Abdul-Matin, 198 N.J. 95, 103 (2009). 9 A-5144-14T2 rel. | 1 | 1 |
Mettinger v. Globe Slicing MacH. Co., Inc.green1 sentence2017Co., 153 N.J. 371, 387 (1998), (citation omitted). | 1 | 1 |
Barker v. Brinegargreen2 sentences2002However, these cases contain conflicting suggestions as to the proper interpretation of the indemnification clause in issue and, in any event, application of the collateral estoppel doctrine is discretionary and "must be applied equitably, not mechanically." Pivnick v. Beck, 326 N.J.Super. 474, 485 , 741 A. 2d 655 (App.Div.1999) aff'd o.b., 165 N.J. 670 , 762 A. 2d 653 (2000) (quoting In re Tanelli, 194 N.J.Super. 492, 497 , 477 A. 2d 394 (App.Div.), certif. denied, 99 N.J. 181 , 491 A. 2d 686 (1984)); see also Barker v. Brinegar, 346 N.J.Super. 558, 567 , 788 A. 2d 834 (App.Div.2002). 2002However, these cases contain conflicting suggestions as to the proper interpretation of the indemnification clause in issue and, in any event, application of the collateral estoppel doctrine is discretionary and "must be applied equitably, not mechanically." Pivnick v. Beck, 326 N.J.Super. 474, 485 , 741 A. 2d 655 (App.Div.1999) aff'd o.b., 165 N.J. 670 , 762 A. 2d 653 (2000) (quoting In re Tanelli, 194 N.J.Super. 492, 497 , 477 A. 2d 394 (App.Div.), certif. denied, 99 N.J. 181 , 491 A. 2d 686 (1984)); see also Barker v. Brinegar, 346 N.J.Super. 558, 567 , 788 A. 2d 834 (App.Div.2002). | 1 | 1 |
Harley Davidson Motor Co., Inc. v. ADV. DIE CASTING, INC.green2 sentences2000See Harley Davidson Motor Co. v. Advance Die Casting, Inc., 150 N.J. 489, 497-98 , 696 A. 2d 666 (1997). 2000See Harley Davidson Motor Co. v. Advance Die Casting, Inc., 150 N.J. 489, 497-98 , 696 A. 2d 666 (1997). | 1 | 1 |
Bower v. Bd. of Educ. of East Orangegreen1 sentence1997Thus, the inference is compelling that Bower's indictment was premised on acts arising out of and directly related to the lawful exercise of his official duties. [ Ante at 431, 694 A. 2d at 551 (emphasis added).] The majority, in effect, holds that dismissal of the criminal charges alone is sufficient to satisfy both prongs of the indemnification test. | 1 | 1 |
Cohen v. Fair Lawn Dairies, Inc.green2 sentences1995See Cohen, supra, 44 N.J. at 452 , 210 A. 2d 73 . [7] Accordingly, we remand to the trial judge consideration of all the issues regarding attorneys' fees and costs for which TMUA and Kupper are entitled under the indemnification clause. 1995See Cohen, supra, 44 N.J. at 452 , 210 A. 2d 73 . [7] Accordingly, we remand to the trial judge consideration of all the issues regarding attorneys' fees and costs for which TMUA and Kupper are entitled under the indemnification clause. | 1 | 1 |
| Echevarias v. Lopezgreen | 1 | 1 |
| Sisler v. Gannett Co., Inc.green | 1 | 1 |
| Halifko v. Cities Service Oil Co.green | 1 | 1 |
| Delucia, Appeal Ofgreen | 1 | 1 |
| Antenucci v. Mr. Nick's Mens Sportsweargreen | 1 | 1 |
| Adler's Quality Bakery, Inc. v. Gaseteria, Inc.green | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Englert v. the Home Depot
green
2 sentences2025Lastly, the language of the indemnification clause in Englert v. The Home Depot, 389 N.J. 2020Id. at 48 . | 2 | 2020–2025 |
New Gold Equities Corp. v. Jaffe Spindler Co.
green
2 sentences2021Because the indemnification clause does not unequivocally indemnify Lipowski for the defense of claims for its own negligence, the Central Motor default rule applies, New Gold Equities, 453 N.J. 2021Because the indemnification clause does not unequivocally indemnify Lipowski for the defense of claims for its own negligence, the Central Motor default rule applies, New Gold Equities, 453 N.J. | 2 | 2021–2021 |
Ramos v. Browning Ferris Ind. of So. Jersey, Inc.
green
2 sentences2013The Appellate Division in Ramos v. Browning Ferris Industries of South Jersey, Inc., 194 N.J.Super. 96, 106 , 476 A.2d 304 (App.Div.1984), rev’d on other grounds, 103 N.J. 177 , 510 A.2d 1152 (1986), and this Court in Ramos, supra, 103 N.J. at 181 , 510 A.2d 1152 , rejected an indemnification claim by the plaintiffs supplier of workplace equipment against its employer. 2013The Appellate Division in Ramos v. Browning Ferris Industries of South Jersey, Inc., 194 N.J.Super. 96, 106 , 476 A.2d 304 (App.Div.1984), rev’d on other grounds, 103 N.J. 177 , 510 A.2d 1152 (1986), and this Court in Ramos, supra, 103 N.J. at 181 , 510 A.2d 1152 , rejected an indemnification claim by the plaintiffs supplier of workplace equipment against its employer. | 2 | 1986–2013 |
Maryland Casualty Co. v. New Jersey Manufacturers (Casualty) Insurance
green
1 sentence2026We determined, under those circumstances, that the employer's insurer should be permitted to assert an indemnification claim, based on its right to subrogation, against the employee's insurer to prevent "circuity of action." Id. at 328 . | 1 | 2026–2026 |
Bethlehem Steel Corp. v. KLO WELD. ERECTORS, INC.
green
1 sentence2025In awarding attorneys' fees under the contract, the trial court found the indemnification clause here similar to the one in Bethlehem Steel, 132 N.J. | 1 | 2025–2025 |
In Re Six Month Extension of NJAC
green
1 sentence2022Ibid. | 1 | 2022–2022 |
Westfall v. Whittaker, Clark & Daniels, Metropolitan Talc Co.
green
1 sentence2021The court 12 Downey testified that in Westfall v. Whittaker, Clark & Daniels, 571 F. Supp. 304 (D.R.I. 1983), a case filed in 1979, the plaintiff claimed he contracted mesothelioma from inhaling asbestos-contaminated talc while working. | 1 | 2021–2021 |
Pivnick v. Beck
green
2 sentences2002However, these cases contain conflicting suggestions as to the proper interpretation of the indemnification clause in issue and, in any event, application of the collateral estoppel doctrine is discretionary and "must be applied equitably, not mechanically." Pivnick v. Beck, 326 N.J.Super. 474, 485 , 741 A. 2d 655 (App.Div.1999) aff'd o.b., 165 N.J. 670 , 762 A. 2d 653 (2000) (quoting In re Tanelli, 194 N.J.Super. 492, 497 , 477 A. 2d 394 (App.Div.), certif. denied, 99 N.J. 181 , 491 A. 2d 686 (1984)); see also Barker v. Brinegar, 346 N.J.Super. 558, 567 , 788 A. 2d 834 (App.Div.2002). 2002However, these cases contain conflicting suggestions as to the proper interpretation of the indemnification clause in issue and, in any event, application of the collateral estoppel doctrine is discretionary and "must be applied equitably, not mechanically." Pivnick v. Beck, 326 N.J.Super. 474, 485 , 741 A. 2d 655 (App.Div.1999) aff'd o.b., 165 N.J. 670 , 762 A. 2d 653 (2000) (quoting In re Tanelli, 194 N.J.Super. 492, 497 , 477 A. 2d 394 (App.Div.), certif. denied, 99 N.J. 181 , 491 A. 2d 686 (1984)); see also Barker v. Brinegar, 346 N.J.Super. 558, 567 , 788 A. 2d 834 (App.Div.2002). | 1 | 2002–2002 |
Heuer, Inc. v. State
green
2 sentences2002However, these cases contain conflicting suggestions as to the proper interpretation of the indemnification clause in issue and, in any event, application of the collateral estoppel doctrine is discretionary and "must be applied equitably, not mechanically." Pivnick v. Beck, 326 N.J.Super. 474, 485 , 741 A. 2d 655 (App.Div.1999) aff'd o.b., 165 N.J. 670 , 762 A. 2d 653 (2000) (quoting In re Tanelli, 194 N.J.Super. 492, 497 , 477 A. 2d 394 (App.Div.), certif. denied, 99 N.J. 181 , 491 A. 2d 686 (1984)); see also Barker v. Brinegar, 346 N.J.Super. 558, 567 , 788 A. 2d 834 (App.Div.2002). 2002However, these cases contain conflicting suggestions as to the proper interpretation of the indemnification clause in issue and, in any event, application of the collateral estoppel doctrine is discretionary and "must be applied equitably, not mechanically." Pivnick v. Beck, 326 N.J.Super. 474, 485 , 741 A. 2d 655 (App.Div.1999) aff'd o.b., 165 N.J. 670 , 762 A. 2d 653 (2000) (quoting In re Tanelli, 194 N.J.Super. 492, 497 , 477 A. 2d 394 (App.Div.), certif. denied, 99 N.J. 181 , 491 A. 2d 686 (1984)); see also Barker v. Brinegar, 346 N.J.Super. 558, 567 , 788 A. 2d 834 (App.Div.2002). | 1 | 2002–2002 |
Matter of Tanelli
green
2 sentences2002However, these cases contain conflicting suggestions as to the proper interpretation of the indemnification clause in issue and, in any event, application of the collateral estoppel doctrine is discretionary and "must be applied equitably, not mechanically." Pivnick v. Beck, 326 N.J.Super. 474, 485 , 741 A. 2d 655 (App.Div.1999) aff'd o.b., 165 N.J. 670 , 762 A. 2d 653 (2000) (quoting In re Tanelli, 194 N.J.Super. 492, 497 , 477 A. 2d 394 (App.Div.), certif. denied, 99 N.J. 181 , 491 A. 2d 686 (1984)); see also Barker v. Brinegar, 346 N.J.Super. 558, 567 , 788 A. 2d 834 (App.Div.2002). 2002However, these cases contain conflicting suggestions as to the proper interpretation of the indemnification clause in issue and, in any event, application of the collateral estoppel doctrine is discretionary and "must be applied equitably, not mechanically." Pivnick v. Beck, 326 N.J.Super. 474, 485 , 741 A. 2d 655 (App.Div.1999) aff'd o.b., 165 N.J. 670 , 762 A. 2d 653 (2000) (quoting In re Tanelli, 194 N.J.Super. 492, 497 , 477 A. 2d 394 (App.Div.), certif. denied, 99 N.J. 181 , 491 A. 2d 686 (1984)); see also Barker v. Brinegar, 346 N.J.Super. 558, 567 , 788 A. 2d 834 (App.Div.2002). | 1 | 2002–2002 |
Pivnick v. Beck
green
2 sentences2002However, these cases contain conflicting suggestions as to the proper interpretation of the indemnification clause in issue and, in any event, application of the collateral estoppel doctrine is discretionary and "must be applied equitably, not mechanically." Pivnick v. Beck, 326 N.J.Super. 474, 485 , 741 A. 2d 655 (App.Div.1999) aff'd o.b., 165 N.J. 670 , 762 A. 2d 653 (2000) (quoting In re Tanelli, 194 N.J.Super. 492, 497 , 477 A. 2d 394 (App.Div.), certif. denied, 99 N.J. 181 , 491 A. 2d 686 (1984)); see also Barker v. Brinegar, 346 N.J.Super. 558, 567 , 788 A. 2d 834 (App.Div.2002). 2002However, these cases contain conflicting suggestions as to the proper interpretation of the indemnification clause in issue and, in any event, application of the collateral estoppel doctrine is discretionary and "must be applied equitably, not mechanically." Pivnick v. Beck, 326 N.J.Super. 474, 485 , 741 A. 2d 655 (App.Div.1999) aff'd o.b., 165 N.J. 670 , 762 A. 2d 653 (2000) (quoting In re Tanelli, 194 N.J.Super. 492, 497 , 477 A. 2d 394 (App.Div.), certif. denied, 99 N.J. 181 , 491 A. 2d 686 (1984)); see also Barker v. Brinegar, 346 N.J.Super. 558, 567 , 788 A. 2d 834 (App.Div.2002). | 1 | 2002–2002 |
Leitao v. Damon G. Douglas Co.
green
2 sentences2001Douglas Co., 301 N.J.Super. 187 , *275 693 A.2d 1209 (App.Div.1997), we have not otherwise borrowed insurance principles in determining whether an agreement to hold the indemnitee harmless covers losses attributable to the indemnitee’s own negligence. [Geralnik, supra, slip op. at 15-16.] It is the language of the PBS-Newport contract that controls the relationship and obligations of the parties, not PBS’s insurance policy. 2001Douglas Co., 301 N.J.Super. 187 , *275 693 A.2d 1209 (App.Div.1997), we have not otherwise borrowed insurance principles in determining whether an agreement to hold the indemnitee harmless covers losses attributable to the indemnitee’s own negligence. [Geralnik, supra, slip op. at 15-16.] It is the language of the PBS-Newport contract that controls the relationship and obligations of the parties, not PBS’s insurance policy. | 1 | 2001–2001 |
Calderon v. Bollegraaf
green
1 sentence1998However, in Calderon v. Machinenfabriek Bollegraaf Appingedam BV, 285 N.J.Super. 623 , 667 A. 2d 1111 (App.Div.1995), certif. denied, 144 N.J. 174 , 675 A. 2d 1122 (1996), we observed in dictum that a plaintiff-employee may demonstrate a prima facie case of "intentional wrong" upon proof of the employer's alteration of a workplace machine by removal of a safety device. | 1 | 1998–1998 |
Stephenson v. RA Jones & Co., Inc.
green
2 sentences1998Jones & Co. Inc., 103 N.J. 194, 199-200 , 510 A. 2d 1161 (1986) (while ruling on a manufacturer's indemnification claim against an employer, the Court noted that assuming the manufacturer sent the safety guard with the machine to the employer's plant, and later urged installation of the guards, the employer's failure to install the guard "may bespeak negligence ... but that is the kind of conduct that is immunized by the Workers' Compensation Act"). 1998Jones & Co. Inc., 103 N.J. 194, 199-200 , 510 A. 2d 1161 (1986) (while ruling on a manufacturer's indemnification claim against an employer, the Court noted that assuming the manufacturer sent the safety guard with the machine to the employer's plant, and later urged installation of the guards, the employer's failure to install the guard "may bespeak negligence ... but that is the kind of conduct that is immunized by the Workers' Compensation Act"). | 1 | 1998–1998 |
Calderon v. Bollegraaf
green
2 sentences1998However, in Calderon v. Machinenfabriek Bollegraaf Appingedam BV, 285 N.J.Super. 623 , 667 A. 2d 1111 (App.Div.1995), certif. denied, 144 N.J. 174 , 675 A. 2d 1122 (1996), we observed in dictum that a plaintiff-employee may demonstrate a prima facie case of "intentional wrong" upon proof of the employer's alteration of a workplace machine by removal of a safety device. 1998However, in Calderon v. Machinenfabriek Bollegraaf Appingedam BV, 285 N.J.Super. 623 , 667 A. 2d 1111 (App.Div.1995), certif. denied, 144 N.J. 174 , 675 A. 2d 1122 (1996), we observed in dictum that a plaintiff-employee may demonstrate a prima facie case of "intentional wrong" upon proof of the employer's alteration of a workplace machine by removal of a safety device. | 1 | 1998–1998 |
Powers v. Union City Bd. of Ed.
green
2 sentences1997In addressing the second prong of the indemnification test, the court noted that although the criminal acts were obviously beyond Power’s prescribed duties, that did not immunize the board from statutory liability. 124 N.J.Super. at 595 , 308 A.2d 71 : The court found that the statute requires that the criminal charge involve an act or omission arising out of the performance of a board member’s duties, and that the act or omission arise in the course of performing those duties. 1997In addressing the second prong of the indemnification test, the court noted that although the criminal acts were obviously beyond Power's prescribed duties, that did not immunize the board from statutory liability. 124 N.J. | 1 | 1997–1997 |
Rao v. Universal Underwriters, Ins.
green
1 sentence1993Co., 228 N.J. | 1 | 1993–1993 |
McCabe v. Great Pacific Century
green
1 sentence1993Ibid. | 1 | 1993–1993 |
| Voorhees v. Preferred Mut. Ins. Co. green | 1 | 1992–1992 |
| Miller v. Hall Bldg. Corp. green | 1 | 1988–1988 |
| Johnson v. Johnson green | 1 | 1988–1988 |
| Bortz v. Rammel green | 1 | 1984–1984 |
| Bortz v. Rammel neutral | 1 | 1984–1984 |
| Yearicks v. City of Wildwood green | 1 | 1977–1977 |
| Oreathel Alford, Administratrix of the Estate of Ezell Alford v. Hugh Major D/B/A Hugh Major Truck Lines, and Carriers, Inc. green | 1 | 1974–1974 |
| Cozzi v. Owens Corning Fiber Glass Corp. green | 1 | 1960–1960 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.