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5 New Jersey opinions name it 1 courts 1971–2002 0 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 |
|---|---|---|
Petty v. Tennessee-Missouri Bridge Commissiongreen2 sentences1971He expressly found that the congressional approval of the sue and be sued clause in the Tennessee-Missouri compact was under conditions that made it "clear that the States accepting it waived any immunity from suit which they otherwise might have." 359 U.S. at 280 , 79 S.Ct. at 789 , 3 L.Ed. 2d at 809 . *350 Later federal cases have generally viewed Petty as holding that an unrestricted sue and be sued clause in an interstate compact sanctioned by Congress will amount to an express waiver of sovereign immunity from suit. 1971He expressly found that the congressional approval of the sue and be sued clause in the Tennessee-Missouri compact was under conditions that made it "clear that the States accepting it waived any immunity from suit which they otherwise might have." 359 U.S. at 280 , 79 S.Ct. at 789 , 3 L.Ed. 2d at 809 . *350 Later federal cases have generally viewed Petty as holding that an unrestricted sue and be sued clause in an interstate compact sanctioned by Congress will amount to an express waiver of sovereign immunity from suit. | 2 | 2 |
Karp v. High Point Park Commissiongreen1 sentence1971See Strobel Steel, &c., Co. v. State Highway Com., 120 N.J.L. 298, 303 ( E. & A. 1938); Karp v. High Point Park Commission, 131 N.J. | 1 | 1 |
Strobel Steel Construction Co. v. State Highway Commission of New Jerseygreen1 sentence1971See Strobel Steel, &c., Co. v. State Highway Com., 120 N.J.L. 298, 303 ( E. & A. 1938); Karp v. High Point Park Commission, 131 N.J. | 1 | 1 |
Parden v. Terminal Railway of Alabama State Docks Departmentred2 sentences1971See Petty v. Tennessee-Missouri Bridge Com., 359 U.S. 275 , 79 S.Ct. 785 , 3 L.Ed. 2d 804 (1959); *349 Parden v. Terminal R. of Alabama State Docks Dept., 377 U.S. 184 , 84 S.Ct. 1207 , 12 L.Ed. 2d 233 , reh. denied, 377 U.S. 1010 , 84 S.Ct. 1903 , 12 L.Ed. 2d 1057 (1964); cf. Keifer & Keifer v. Reconstruction Finance Corp., supra, 306 U.S. 381 , 59 S.Ct. 516 , 83 L.Ed. 784 ; Federal Housing Administration v. Burr, supra, 309 U.S. 242 , 60 S.Ct. 488 , 84 L.Ed. 724 ; Reconstruction F. Corp. v. J.G. 1971See Petty v. Tennessee-Missouri Bridge Com., 359 U.S. 275 , 79 S.Ct. 785 , 3 L.Ed. 2d 804 (1959); *349 Parden v. Terminal R. of Alabama State Docks Dept., 377 U.S. 184 , 84 S.Ct. 1207 , 12 L.Ed. 2d 233 , reh. denied, 377 U.S. 1010 , 84 S.Ct. 1903 , 12 L.Ed. 2d 1057 (1964); cf. Keifer & Keifer v. Reconstruction Finance Corp., supra, 306 U.S. 381 , 59 S.Ct. 516 , 83 L.Ed. 784 ; Federal Housing Administration v. Burr, supra, 309 U.S. 242 , 60 S.Ct. 488 , 84 L.Ed. 724 ; Reconstruction F. Corp. v. J.G. | 1 | 1 |
Lauritzen v. Chesapeake Bay Bridge and Tunnel Districtgreen1 sentence1971See Parden v. Terminal R. of Alabama State Docks Dept., supra, 377 U.S. at 186 , 84 S.Ct. at 1209 , 12 L.Ed. 2d at 236 ; Lauritzen v. Chesapeake Bay Bridge and Tunnel District, 259 F. Supp. 633, 636-637 ( E.D. | 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 |
|---|---|---|
Interstate Wreck. Co. v. Palisades Interstate Pk. Comm.
green
2 sentences2002Cf. Interstate Wrecking Co. v. Palisades Interstate Park Comm’n, 57 N.J. 342 , 347, 273 A.2d 10 (1971) (rejecting defendant agency’s argument “that the sue and be sued clause, though broad in terms, must be viewed as restricted by other provisions in the compact”). 2002Cf. Interstate Wrecking Co. v. Palisades Interstate Park Comm’n, 57 N.J. 342 , 347, 273 A.2d 10 (1971) (rejecting defendant agency’s argument “that the sue and be sued clause, though broad in terms, must be viewed as restricted by other provisions in the compact”). | 3 | 1980–2002 |
Keifer & Keifer v. Reconstruction Finance Corp.
green
2 sentences1971In Taylor we sustained a *347 tort action against the New Jersey Highway Authority, rejecting its claim of immunity from suit; we relied directly on the sue and be sued clause and stressed not only our earlier New Jersey decisions but also the Supreme Court's decisions in Keifer & Keifer v. Reconstruction Finance Corp., 306 U.S. 381 , 59 S.Ct. 516 , 83 L.Ed. 784 (1939), Federal Housing Administration v. Burr, 309 U.S. 242 , 60 S.Ct. 488 , 84 L.Ed. 724 (1940), and Reconstruction F. Corp. v. J.G. 1971In Taylor we sustained a *347 tort action against the New Jersey Highway Authority, rejecting its claim of immunity from suit; we relied directly on the sue and be sued clause and stressed not only our earlier New Jersey decisions but also the Supreme Court's decisions in Keifer & Keifer v. Reconstruction Finance Corp., 306 U.S. 381 , 59 S.Ct. 516 , 83 L.Ed. 784 (1939), Federal Housing Administration v. Burr, 309 U.S. 242 , 60 S.Ct. 488 , 84 L.Ed. 724 (1940), and Reconstruction F. Corp. v. J.G. | 2 | 1971–1971 |
Federal Housing Administration, Region No. 4 v. Burr
green
2 sentences1971In Taylor we sustained a *347 tort action against the New Jersey Highway Authority, rejecting its claim of immunity from suit; we relied directly on the sue and be sued clause and stressed not only our earlier New Jersey decisions but also the Supreme Court's decisions in Keifer & Keifer v. Reconstruction Finance Corp., 306 U.S. 381 , 59 S.Ct. 516 , 83 L.Ed. 784 (1939), Federal Housing Administration v. Burr, 309 U.S. 242 , 60 S.Ct. 488 , 84 L.Ed. 724 (1940), and Reconstruction F. Corp. v. J.G. 1971In Taylor we sustained a *347 tort action against the New Jersey Highway Authority, rejecting its claim of immunity from suit; we relied directly on the sue and be sued clause and stressed not only our earlier New Jersey decisions but also the Supreme Court's decisions in Keifer & Keifer v. Reconstruction Finance Corp., 306 U.S. 381 , 59 S.Ct. 516 , 83 L.Ed. 784 (1939), Federal Housing Administration v. Burr, 309 U.S. 242 , 60 S.Ct. 488 , 84 L.Ed. 724 (1940), and Reconstruction F. Corp. v. J.G. | 2 | 1971–1971 |
Interstate Wrecking Co. v. Palisades Interstate Park Commission
neutral
1 sentence1971Cf. 109 N.J. | 1 | 1971–1971 |
Reconstruction Finance Corporation v. JG Menihan Corp.
green
2 sentences1971Menihan Corp., 312 U.S. 81 , 61 S.Ct. 485 , 85 L.Ed. 595 (1941). 1971Menihan Corp., 312 U.S. 81 , 61 S.Ct. 485 , 85 L.Ed. 595 (1941). | 1 | 1971–1971 |
Tralins v. Gerstein
neutral
1 sentence1971See Petty v. Tennessee-Missouri Bridge Com., 359 U.S. 275 , 79 S.Ct. 785 , 3 L.Ed. 2d 804 (1959); *349 Parden v. Terminal R. of Alabama State Docks Dept., 377 U.S. 184 , 84 S.Ct. 1207 , 12 L.Ed. 2d 233 , reh. denied, 377 U.S. 1010 , 84 S.Ct. 1903 , 12 L.Ed. 2d 1057 (1964); cf. Keifer & Keifer v. Reconstruction Finance Corp., supra, 306 U.S. 381 , 59 S.Ct. 516 , 83 L.Ed. 784 ; Federal Housing Administration v. Burr, supra, 309 U.S. 242 , 60 S.Ct. 488 , 84 L.Ed. 724 ; Reconstruction F. Corp. v. J.G. | 1 | 1971–1971 |
Parden v. Terminal Railway of the Alabama State Docks Department
red
1 sentence1971See Petty v. Tennessee-Missouri Bridge Com., 359 U.S. 275 , 79 S.Ct. 785 , 3 L.Ed. 2d 804 (1959); *349 Parden v. Terminal R. of Alabama State Docks Dept., 377 U.S. 184 , 84 S.Ct. 1207 , 12 L.Ed. 2d 233 , reh. denied, 377 U.S. 1010 , 84 S.Ct. 1903 , 12 L.Ed. 2d 1057 (1964); cf. Keifer & Keifer v. Reconstruction Finance Corp., supra, 306 U.S. 381 , 59 S.Ct. 516 , 83 L.Ed. 784 ; Federal Housing Administration v. Burr, supra, 309 U.S. 242 , 60 S.Ct. 488 , 84 L.Ed. 724 ; Reconstruction F. Corp. v. J.G. | 1 | 1971–1971 |
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.