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40 New Jersey opinions name it 2 courts 1981–2026 11 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 |
|---|---|---|
Kleinke v. City of Ocean Citygreen2 sentences2021"The fact of delay alone does not give rise to the assumption of prejudice; the public entity must present a factual basis for the claim of substantial prejudice." Mendez, 416 N.J. Super. at 535 (citing Kleinke v. Ocean City, 147 N.J. Super. 575, 581 (App. Div. 1977)). 2021"The fact of delay alone does not give rise to the [presumption] of prejudice; the public entity must present a factual basis for the claim of substantial prejudice." Mendez, 416 N.J. Super. at 535 (citing Kleinke v. City of Ocean City, 147 N.J. Super. 575, 581 (App. Div. 1977)). | 7 | 9 |
State v. Cummingsgreen2 sentences2020To establish a prima facie claim, defendant "must do more than make bald assertions that he was denied the effective assistance of counsel." State v. Cummings, 321 N.J. 2020To establish a prima facie claim, defendant "must do more than make bald assertions that he was denied the effective assistance of counsel." State v. Cummings, 321 N.J. | 3 | 3 |
Mendez v. SOUTH JERSEY TRANSP.green2 sentences2021"The fact of delay A-0465-20 12 alone does not give rise to the assumption of prejudice; the public entity must present a factual basis for the claim of substantial prejudice." Mendez, 416 N.J. 2021"The fact of delay alone does not give rise to the assumption of prejudice; the public entity must present a factual basis for the claim of substantial prejudice." Mendez, 416 N.J. | 2 | 7 |
Shepherd v. Hunterdon Developmental Centergreen2 sentences2024When a claimant alleges "a pattern or series of acts, any one of which may not be actionable as a discrete act, but when viewed cumulatively constitute a hostile work environment," the cause of action accrues "on the date on which the last act occurred." Shepherd v. Hunterdon Developmental Ctr., 174 N.J. 1, 21 (2002). 2019When a claimant alleges "a pattern or series of acts, any one of which may not be actionable as a discrete act, but when viewed cumulatively constitute a hostile work environment[,]" the cause of action accrues "on the date on which the last act occurred . . . ." Shepherd v. Hunterdon Developmental Ctr., 174 N.J. 1, 21 (2002). | 2 | 2 |
Villalobos v. Favagreen2 sentences2024"A plaintiff need not know with certainty that there is a factual basis for a claim under CEPA for the one year limitation period to be triggered; it is A-2479-22 13 sufficient that he [or she] should have discovered that he [or she] may have a basis for a claim." Villalobos v. Fava, 342 N.J. Super. 38, 49 (App. Div. 2001) (emphasis omitted). 2019"A plaintiff need not know with certainty that there is a factual basis for a claim under CEPA for the one year limitation period to be triggered; it is sufficient that he [or she] should have discovered that he [or she] may have a basis for a claim." Villalobos v. Fava, 342 N.J. Super. 38, 49 (App. Div. 2001). | 2 | 2 |
State v. Barbozagreen2 sentences2026See Barboza, 115 N.J. at 421 (explaining the factual basis requirement "serves a variety of purposes," including preventing defendant from entering an unknowing plea and providing a record for appellate review of the plea conditions); see also State v. Taccetta, 200 N.J. 183, 198 (2009) (noting this requirement serves to "ensure[] that innocent people are not punished for crimes they did not commit"). 2021"The principal purpose of the factual-basis requirement of Rule 3:9-2 is to 'protect a defendant who is in the position of pleading voluntarily with an understanding of the nature of the charge but without realizing that his conduct does not actually fall within the charge.'" Tate, 220 N.J. at 406 (quoting Barboza, 115 N.J. at 421 ). | 1 | 5 |
State v. Campfieldgreen2 sentences2026State v. Campfield, 213 N.J. 218, 231-32 (2013) (concluding the factual basis requirement of a guilty plea does not need to "follow a 'prescribed or artificial ritual,'" rather it "should be examined in light of all surrounding circumstances . . . ." (quoting State ex rel. 2018"Indeed, 'it is essential to elicit from the defendant a comprehensive factual basis, addressing each element of a given offense in substantial detail.' " State v. Perez , 220 N.J. 423 , 432, 106 A.3d 1212 (2015) (quoting State v. Campfield , 213 N.J. 218 , 236, 61 A.3d 1258 (2013) ). *348 The factual basis requirement "serves a variety of purposes." State v. Barboza , 115 N.J. 415 , 421, 558 A.2d 1303 (1989). | 1 | 2 |
State v. John Tate (072754)green2 sentences2021"The principal purpose of the factual-basis requirement of Rule 3:9-2 is to 'protect a defendant who is in the position of pleading voluntarily with an understanding of the nature of the charge but without realizing that his conduct does not actually fall within the charge.'" Tate, 220 N.J. at 406 (quoting Barboza, 115 N.J. at 421 ). 2017Thus, before accepting a guilty plea, "the trial 4 A-4222-15T2 court must be 'satisfied from the lips of the defendant that he committed the acts which constitute the crime.'" A factual basis for a plea must include either an admission or the acknowledgment of facts that meet "'the essential elements of the crime.'" [ 220 N.J. 393, 406 (2015) (emphasis added and citations omitted).] The elements of the per se violation, which is the form of driving while under the influence to which defendant pled guilty, are straight forward. | 1 | 2 |
State v. Taccettagreen1 sentence2026See Barboza, 115 N.J. at 421 (explaining the factual basis requirement "serves a variety of purposes," including preventing defendant from entering an unknowing plea and providing a record for appellate review of the plea conditions); see also State v. Taccetta, 200 N.J. 183, 198 (2009) (noting this requirement serves to "ensure[] that innocent people are not punished for crimes they did not commit"). | 1 | 1 |
State ex rel. T.M.green1 sentence2026T.M., 166 N.J. 319, 327 (2001))). | 1 | 1 |
IN THE MATTER OF THE CIVIL COMMITMENT OF A.Y. SVP-545-09 (ESSEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED)green1 sentence2022While the net opinion rule requires experts "to provide the factual basis and analysis that support their opinion, rather than stating a mere conclusion," it "does not require experts to organize or support their own opinions in a specific manner 'that opposing counsel deems preferable.'" In re Civ. Commitment of A.Y., 458 N.J. Super. 147, 169 (App. Div. 2019) (quoting Townsend, 221 N.J. at 54 ). | 1 | 1 |
State v. Tahir S. Gregory (072715)green1 sentence2021Thus, before accepting a guilty plea, "a defendant must acknowledge facts that constitute the essential elements of the crime." State v. Gregory, 220 N.J. 413, 420 (2015) (citing State v. Sainz, 107 N.J. 283, 293 (1987)). | 1 | 1 |
State v. Sainzgreen1 sentence2021Thus, before accepting a guilty plea, "a defendant must acknowledge facts that constitute the essential elements of the crime." State v. Gregory, 220 N.J. 413, 420 (2015) (citing State v. Sainz, 107 N.J. 283, 293 (1987)). | 1 | 1 |
Lebron v. Sanchezgreen1 sentence2019Lebron v. Sanchez, 407 N.J. Super. 204, 213 (App. Div. 2009) defendant failed to disclose the factual basis for the defense in response to any discovery demands. | 1 | 1 |
Gonzalez v. Ideal Tile Importing Co.green1 sentence2017See Gonzalez v. Ideal Tile Importing Co., 371 N.J. | 1 | 1 |
United Hearts, LLC v. Zahabiangreen1 sentence2017To lack any basis in law or in fact, there must be either no legal authority to support the claim or the absence of a factual basis for the claim. 11 A-2651-13T3 The applicable standard is similar to that for Rule 1:4-8, which authorizes a sanction for an assertion made in a paper filed with the court when "no rational argument can be advanced in its support, or it is not supported by any credible evidence, or it is completely untenable." United Hearts, L.L.C. v. Zahabian, 407 N.J. | 1 | 1 |
McCall v. Stategreen2 sentences1989E.g., McCarthy v. United States, 394 U.S. 459, 467 , 89 S.Ct. 1166, 1171 , 22 L.Ed. 2d, 418, 426 (1969); Brown v. State, 250 A. 2d 503, 505 (Del. Super. Ct. 1969); McCall v. State, 9 Md. App. 191, 199 , 263 A. 2d 19, 25 (1970). 1989E.g., McCarthy v. United States, 394 U.S. 459, 467 , 89 S.Ct. 1166, 1171 , 22 L.Ed. 2d, 418, 426 (1969); Brown v. State, 250 A. 2d 503, 505 (Del. Super. Ct. 1969); McCall v. State, 9 Md. App. 191, 199 , 263 A. 2d 19, 25 (1970). | 1 | 1 |
McCarthy v. United Statesred2 sentences1989E.g., McCarthy v. United States, 394 U.S. 459, 467 , 89 S.Ct. 1166, 1171 , 22 L.Ed. 2d, 418, 426 (1969); Brown v. State, 250 A. 2d 503, 505 (Del. Super. Ct. 1969); McCall v. State, 9 Md. App. 191, 199 , 263 A. 2d 19, 25 (1970). 1989E.g., McCarthy v. United States, 394 U.S. 459, 467 , 89 S.Ct. 1166, 1171 , 22 L.Ed. 2d, 418, 426 (1969); Brown v. State, 250 A. 2d 503, 505 (Del. Super. Ct. 1969); McCall v. State, 9 Md. App. 191, 199 , 263 A. 2d 19, 25 (1970). | 1 | 1 |
Brown v. Stategreen2 sentences1989E.g., McCarthy v. United States, 394 U.S. 459, 467 , 89 S.Ct. 1166, 1171 , 22 L.Ed. 2d, 418, 426 (1969); Brown v. State, 250 A.2d 503, 505 (Del.Super.Ct.1969); McCall v. State, 9 Md.App. 191, 199 , 263 A.2d 19, 25 (1970). 1989E.g., McCarthy v. United States, 394 U.S. 459, 467 , 89 S.Ct. 1166, 1171 , 22 L.Ed. 2d, 418, 426 (1969); Brown v. State, 250 A. 2d 503, 505 (Del. Super. Ct. 1969); McCall v. State, 9 Md. App. 191, 199 , 263 A. 2d 19, 25 (1970). | 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 |
|---|---|---|
Wayne Davis v. Brickman Landscaping (071310)
green
2 sentences2019Davis, 219 N.J. at 410 . 2019"The expert must provide the factual basis and analysis that support the opinion, rather than stating a mere conclusion." A.Y., (slip op. at 25) (citing Davis, 219 N.J. at 410 ). "[T]he net opinion doctrine requires experts to 'be able to identify the factual bases for their conclusions, explain their methodology, and demonstrate that both the factual bases and the methodology are [scientifically] reliable.'" Id. at 26. (quoting Townsend, 221 N.J. at 55 ). | 7 | 2019–2019 |
Blank v. City of Elizabeth
green
2 sentences2024"The fact of delay alone does not give rise to the assumption of prejudice; the public entity must present a factual basis for the claim of substantial prejudice." Id. at 535- 36. 2021"Substantial prejudice must be shown by 'specificity and not by general allegation[.]'" Id. at 536 (quoting Blank, 318 N.J. Super. at 115 ). | 3 | 2021–2024 |
Deborah Townsend v. Noah Pierre (072357)
green
2 sentences2022While the net opinion rule requires experts "to provide the factual basis and analysis that support their opinion, rather than stating a mere conclusion," it "does not require experts to organize or support their own opinions in a specific manner 'that opposing counsel deems preferable.'" In re Civ. Commitment of A.Y., 458 N.J. Super. 147, 169 (App. Div. 2019) (quoting Townsend, 221 N.J. at 54 ). 2019"The expert must provide the factual basis and analysis that support the opinion, rather than stating a mere conclusion." A.Y., (slip op. at 25) (citing Davis, 219 N.J. at 410 ). "[T]he net opinion doctrine requires experts to 'be able to identify the factual bases for their conclusions, explain their methodology, and demonstrate that both the factual bases and the methodology are [scientifically] reliable.'" Id. at 26. (quoting Townsend, 221 N.J. at 55 ). | 2 | 2019–2022 |
State v. Richard Perez (072624)
green
2 sentences2018"Indeed, 'it is essential to elicit from the defendant a comprehensive factual basis, addressing each element of a given offense in substantial detail.' " State v. Perez , 220 N.J. 423 , 432, 106 A.3d 1212 (2015) (quoting State v. Campfield , 213 N.J. 218 , 236, 61 A.3d 1258 (2013) ). *348 The factual basis requirement "serves a variety of purposes." State v. Barboza , 115 N.J. 415 , 421, 558 A.2d 1303 (1989). 2018"Indeed, 'it is essential to elicit from the defendant a comprehensive factual basis, addressing each element of a given offense in substantial detail.' " State v. Perez , 220 N.J. 423 , 432, 106 A.3d 1212 (2015) (quoting State v. Campfield , 213 N.J. 218 , 236, 61 A.3d 1258 (2013) ). *348 The factual basis requirement "serves a variety of purposes." State v. Barboza , 115 N.J. 415 , 421, 558 A.2d 1303 (1989). | 1 | 2018–2018 |
Escalante v. Tp. of Cinnaminson
green
2 sentences2008To bet sure, a delay in notice, by itself, is not enough to "give rise to the assumption of prejudice" and a "public entity must present a factual basis for the claim of substantial prejudice." Escalante v. Twp. of Cinnaminson, 283 N.J.Super. 244, 253 , 661 A. 2d 837 (App.Div.1995). 2008To bet sure, a delay in notice, by itself, is not enough to "give rise to the assumption of prejudice" and a "public entity must present a factual basis for the claim of substantial prejudice." Escalante v. Twp. of Cinnaminson, 283 N.J.Super. 244, 253 , 661 A. 2d 837 (App.Div.1995). | 1 | 2008–2008 |
Burd v. New Jersey Telephone Company
green
2 sentences2001Lapka, supra, 162 N.J. at 556 , 745 A. 2d 525 ; Burd, supra, 76 N.J. at 293 , 386 A. 2d 1310 . 2001Lapka, supra, 162 N.J. at 556 , 745 A. 2d 525 ; Burd, supra, 76 N.J. at 293 , 386 A. 2d 1310 . | 1 | 2001–2001 |
Lapka v. Porter Hayden Co.
green
2 sentences2001Lapka, supra, 162 N.J. at 556 , 745 A. 2d 525 ; Burd, supra, 76 N.J. at 293 , 386 A. 2d 1310 . 2001Lapka, supra, 162 N.J. at 556 , 745 A. 2d 525 ; Burd, supra, 76 N.J. at 293 , 386 A. 2d 1310 . | 1 | 2001–2001 |
Breard v. Greene
green
2 sentences2000Id. at 376, 118 S.Ct. at 1355 , 140 L.Ed. 2d at 538 . 2000Id. at 376, 118 S.Ct. at 1355 , 140 L.Ed. 2d at 538 . | 1 | 2000–2000 |
Lopez v. Swyer
green
2 sentences1981The Burd case is not to be viewed as a retreat from Lopez v. Swyer, supra , in the sense of either minimizing or rejecting knowledge of fault as a necessary component of a factual basis for a claim against another. 1981The Burd case is not to be viewed as a retreat from Lopez v. Swyer, supra, in the sense of either minimizing or rejecting knowledge of fault as a necessary component of a factual basis for a claim against another. | 1 | 1981–1981 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.