cognizable claim (New Jersey) · Go Syfert
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cognizable claim in New Jersey

31 New Jersey opinions name it 2 courts 1983–2026 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.

Followed or applied (20)

CaseFollowedCited
State v. Nashgreen
nj · 2013 · cited in 2 New Jersey opinions naming this issue, 2021–2021
2 sentences

2021See Nash, 212 N.J. at 542 ("Mere dissatisfaction with a 'counsel's exercise of judgment' is insufficient to warrant overturning a conviction."); State v. Fritz, 105 N.J. 42, 54 (1987) ("complaints 'merely of matters of trial strategy' will not serve to ground a constitutional claim of inadequacy").

2021See Nash, 212 N.J. at 542 ("Mere dissatisfaction with a 'counsel's exercise of judgment' is insufficient to warrant overturning a conviction."); State v. Fritz, 105 N.J. 42, 54 (1987) ("complaints 'merely of matters of trial strategy' will not serve to ground a constitutional claim of inadequacy").

22
State v. Fritzgreen
nj · 1987 · cited in 2 New Jersey opinions naming this issue, 2021–2021
2 sentences

2021See Nash, 212 N.J. at 542 ("Mere dissatisfaction with a 'counsel's exercise of judgment' is insufficient to warrant overturning a conviction."); State v. Fritz, 105 N.J. 42, 54 (1987) ("complaints 'merely of matters of trial strategy' will not serve to ground a constitutional claim of inadequacy").

2021See Nash, 212 N.J. at 542 ("Mere dissatisfaction with a 'counsel's exercise of judgment' is insufficient to warrant overturning a conviction."); State v. Fritz, 105 N.J. 42, 54 (1987) ("complaints 'merely of matters of trial strategy' will not serve to ground a constitutional claim of inadequacy").

22
Hancock v. Borough of Oaklyngreen
njsuperctappdiv · 2002 · cited in 2 New Jersey opinions naming this issue, 2020–2020
2 sentences

2020See Hancock v. Borough of Oaklyn, 347 N.J.

2020See Hancock v. Borough of Oaklyn, 347 N.J.

22
Connick Ex Rel. Parish of Orleans v. Myersgreen
scotus · 1983 · cited in 2 New Jersey opinions naming this issue, 2020–2020
2 sentences

2020See Karins, 152 N.J. at 561-62 (stating that "[i]n a disciplinary case such as this one, it is not necessary 'for an employer to allow events to unfold to the extent that the A-5006-17T3 8 disruption of the office and the destruction of working relationships is manifest before taking action'") (quoting Connick v. Myers, 461 U.S. 138, 152 (1983)).

2020See Karins, 152 N.J. at 561-62 (stating that "[i]n a disciplinary case such as this one, it is not necessary 'for an employer to allow events to unfold to the extent that the A-5006-17T3 8 disruption of the office and the destruction of working relationships is manifest before taking action'") (quoting Connick v. Myers, 461 U.S. 138, 152 (1983)).

22
Karins v. City of Atlantic Citygreen
nj · 1998 · cited in 2 New Jersey opinions naming this issue, 2020–2020
2 sentences

2020See Karins, 152 N.J. at 561-62 (stating that "[i]n a disciplinary case such as this one, it is not necessary 'for an employer to allow events to unfold to the extent that the A-5006-17T3 8 disruption of the office and the destruction of working relationships is manifest before taking action'") (quoting Connick v. Myers, 461 U.S. 138, 152 (1983)).

2020See Karins, 152 N.J. at 561-62 (stating that "[i]n a disciplinary case such as this one, it is not necessary 'for an employer to allow events to unfold to the extent that the A-5006-17T3 8 disruption of the office and the destruction of working relationships is manifest before taking action'") (quoting Connick v. Myers, 461 U.S. 138, 152 (1983)).

22
Trisuzzi v. Tabatchnikgreen
njsuperctappdiv · 1995 · cited in 2 New Jersey opinions naming this issue, 1997–1998
2 sentences

1998Id. at 35 , 692 A.2d 61 (citing Trisuzzi v. Tabatchnik, 285 N.J.Super. 15, 26 , 666 A.2d 543 (App.Div.1995)).

1998Id. at 35 , 692 A.2d 61 (citing Trisuzzi v. Tabatchnik, 285 N.J.Super. 15, 26 , 666 A.2d 543 (App.Div.1995)).

12
State of New Jersey v. Alice O'Donnellgreen
njsuperctappdiv · 2014 · cited in 1 New Jersey opinions naming this issue, 2026–2026
1 sentence

2026Id. at 624 (quoting State v. O'Donnell, 435 N.J.

11
State v. Chambersgreen
njsuperctappdiv · 2005 · cited in 1 New Jersey opinions naming this issue, 2024–2024
1 sentence

2024See State v. Chambers, 377 N.J.

11
State v. Murraygreen
nj · 2000 · cited in 1 New Jersey opinions naming this issue, 2024–2024
1 sentence

2024Applying the definition of an illegal sentence as set forth in State v. Murray, 162 N.J. 240, 246-47 (2000), Judge Romanyshyn found defendant did not state a cognizable claim under Rule 3:21-10(b)(5).

11
Russo v. Nagelgreen
njsuperctappdiv · 2003 · cited in 1 New Jersey opinions naming this issue, 2024–2024
1 sentence

2024See Russo v. Nagel, 358 N.J.

11
Strickland v. Washingtongreen
scotus · 1984 · cited in 1 New Jersey opinions naming this issue, 2023–2023
1 sentence

2023With respect to the remaining claims, to establish a claim of ineffective assistance of counsel, a defendant must satisfy the two-part Strickland test: (1) "counsel made errors so serious that counsel was not functioning as the 'counsel' guaranteed the defendant by the Sixth Amendment[,]" and (2) "the deficient performance prejudiced the defense." Strickland v. Washington, 466 U.S. 668, 687 (1984) (quoting U.S. Const. amend.

11
Morgan v. Union Countygreen
njsuperctappdiv · 1993 · cited in 1 New Jersey opinions naming this issue, 2022–2022
1 sentence

2022Bd. of Chosen Freeholders, 268 N.J.

11
Mattero v. Silvermangreen
njsuperctappdiv · 1961 · cited in 1 New Jersey opinions naming this issue, 2022–2022
1 sentence

2022In the usual case, violation of a statute is only evidence of negligence, and only if the statutory violation was "causally 8 In finding plaintiff had sufficiently pled a cognizable claim for negligence per se, the judge wrote: The violation of a statute or regulation 'may be considered by a jury together with all of the evidence in determining issues of negligence[,]' and this proposition is 'subsumed by the overriding principle that the . . . statutory violation, to be evidential, must be causally related to the happening of the accident[.]' Mattero v. Silverman, 71 N.J.

11
Banco Popular North America v. Gandigreen
nj · 2005 · cited in 1 New Jersey opinions naming this issue, 2022–2022
1 sentence

2022However, "indulgently A-2896-20 9 read," Green, 215 N.J. at 460 , we cannot ignore the fact that despite its numerous references to Directive violations, ultimately, the complaint alleged defendants had participated in a civil conspiracy, a cognizable claim in New Jersey. [A] civil conspiracy is "a combination of two or more persons acting in concert to commit an unlawful act, or to commit a lawful act by unlawful means, the principal element of which is an agreement between the parties to inflict a wrong against or injury upon another, and an overt act that results in damage." [Banco Popular

11
Polzo v. County of Essexgreen
nj · 2008 · cited in 1 New Jersey opinions naming this issue, 2021–2021
1 sentence

2021The elements of a cause of action for negligence are "(1) a duty of care, (2) a breach of that duty, (3) proximate cause, and (4) actual damages." Townsend v. Pierre, 221 N.J. 36, 51 (2015) (quoting Polzo v. Cnty. of Essex, 196 N.J. 569, 584 (2008)).

11
Delbridge v. Off. of Pub. Def.green
njsuperctappdiv · 1989 · cited in 1 New Jersey opinions naming this issue, 2021–2021
1 sentence

2021Delbridge v. Office of the Public Defender, 238 N.J.

11
Deborah Townsend v. Noah Pierre (072357)green
nj · 2015 · cited in 1 New Jersey opinions naming this issue, 2021–2021
1 sentence

2021The elements of a cause of action for negligence are "(1) a duty of care, (2) a breach of that duty, (3) proximate cause, and (4) actual damages." Townsend v. Pierre, 221 N.J. 36, 51 (2015) (quoting Polzo v. Cnty. of Essex, 196 N.J. 569, 584 (2008)).

11
McLelland v. Mooregreen
njsuperctappdiv · 2001 · cited in 1 New Jersey opinions naming this issue, 2013–2013
2 sentences

2013See McLelland, supra, 343 N.J.Super. at 600 , 779 A.2d 463 ; Mehlman, supra, 153 N.J. at 193 , 707 A.2d 1000 ; Klein, supra, 377 N.J.Super. at 40 , 871 A.2d 681 .

2013See McLelland, supra, 343 N.J.Super. at 600 , 779 A.2d 463 ; Mehlman, supra, 153 N.J. at 193 , 707 A.2d 1000 ; Klein, supra, 377 N.J.Super. at 40 , 871 A.2d 681 .

11
Wilson v. Seitergreen
scotus · 1991 · cited in 1 New Jersey opinions naming this issue, 1997–1997
11
Estelle v. Gamblegreen
scotus · 1976 · cited in 1 New Jersey opinions naming this issue, 1997–1997
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (20)

CaseCitedYears
State v. Brewster green
njsuperctappdiv · 2013
2 sentences

2026Id. at 624 (quoting State v. O'Donnell, 435 N.J.

2025Id., 474 N.J.

22025–2026
In Re Lead Paint Litigation green
nj · 2007
2 sentences

2010Id. at 409 , 924 A.2d 484 .

2010Id. at 409 , 924 A.2d 484 .

22008–2010
Green v. Morgan Properties green
nj · 2013
1 sentence

2022However, "indulgently A-2896-20 9 read," Green, 215 N.J. at 460 , we cannot ignore the fact that despite its numerous references to Directive violations, ultimately, the complaint alleged defendants had participated in a civil conspiracy, a cognizable claim in New Jersey. [A] civil conspiracy is "a combination of two or more persons acting in concert to commit an unlawful act, or to commit a lawful act by unlawful means, the principal element of which is an agreement between the parties to inflict a wrong against or injury upon another, and an overt act that results in damage." [Banco Popular

12022–2022
Mattero v. Silverman neutral
nj · 1962
1 sentence

2022Super. 1, 9 (App. Div. 1961), certif. denied, 36 N.J. 305 (1962).

12022–2022
State v. Acevedo green
nj · 2011
1 sentence

2020Our Supreme Court reiterated that "allegations of improper consideration of aggravating and mitigating factors and consecutive sentencing guidelines [are] not cognizable claims on [PCR]." Acevedo, 205 N.J. at 47 .

12020–2020
State v. DiFrisco green
nj · 2002
1 sentence

2020The cognizable claim is not that the expert may have provided "substandard services[,]" but rather "the deficient performance that implicates a defendant's right . . . is the performance of counsel who obtained the expert's examinations or presented the evidence at trial." Ibid.

12020–2020
Tedards v. Auty green
njsuperctappdiv · 1989
1 sentence

2017Defendants used their "lies and lack of candor to get the [c]ourt to approve approximately $112,000.00 in funds 4 A-1493-14T3 from [p]laintiff to pay for Anna[] [Olynyk's] litigation." From these facts, Judge Ramsay found plaintiff had not made out a cognizable claim of abuse of process, as that common law tort is defined and discussed by this court in Tedards v. Auty, 232 N.J.

12017–2017
In re Schwartz green
nj · 2013
1 sentence

2014In D’Agostino, supra, the Court held that a foreclosure rescue scheme that was advertised to the public and involved the payment of a fee gave rise to a cognizable claim under the CFA. 216 *224 N.J. at 186-88, 78 A.3d 527 .

12014–2014
Klein v. UMDNJ green
njsuperctappdiv · 2005
2 sentences

2013See McLelland, supra, 343 N.J.Super. at 600 , 779 A.2d 463 ; Mehlman, supra, 153 N.J. at 193 , 707 A.2d 1000 ; Klein, supra, 377 N.J.Super. at 40 , 871 A.2d 681 .

2013See McLelland, supra, 343 N.J.Super. at 600 , 779 A.2d 463 ; Mehlman, supra, 153 N.J. at 193 , 707 A.2d 1000 ; Klein, supra, 377 N.J.Super. at 40 , 871 A.2d 681 .

12013–2013
Mehlman v. Mobil Oil Corp. green
nj · 1998
2 sentences

2013See McLelland, supra, 343 N.J.Super. at 600 , 779 A.2d 463 ; Mehlman, supra, 153 N.J. at 193 , 707 A.2d 1000 ; Klein, supra, 377 N.J.Super. at 40 , 871 A.2d 681 .

2013See McLelland, supra, 343 N.J.Super. at 600 , 779 A.2d 463 ; Mehlman, supra, 153 N.J. at 193 , 707 A.2d 1000 ; Klein, supra, 377 N.J.Super. at 40 , 871 A.2d 681 .

12013–2013
Mauro v. Raymark Industries, Inc. green
nj · 1989
2 sentences

2008In framing the issue, the trial court reviewed the standards governing pleadings and motions to dismiss, as well as the facts and holdings of several significant cases that addressed medical monitoring: Ayers v. Township of Jackson, 106 N.J. 557 , 525 A. 2d 287 (1987), Mauro v. Raymark Industries, Inc., 116 N.J. 126 , 561 A. 2d 257 (1989), and Theer v. Philip Carey Co., 133 N.J. 610 , 628 A. 2d 724 (1993).

2008In framing the issue, the trial court reviewed the standards governing pleadings and motions to dismiss, as well as the facts and holdings of several significant cases that addressed medical monitoring: Ayers v. Township of Jackson, 106 N.J. 557 , 525 A. 2d 287 (1987), Mauro v. Raymark Industries, Inc., 116 N.J. 126 , 561 A. 2d 257 (1989), and Theer v. Philip Carey Co., 133 N.J. 610 , 628 A. 2d 724 (1993).

12008–2008
Theer v. Philip Carey Co. green
nj · 1993
2 sentences

2008In framing the issue, the trial court reviewed the standards governing pleadings and motions to dismiss, as well as the facts and holdings of several significant cases that addressed medical monitoring: Ayers v. Township of Jackson, 106 N.J. 557 , 525 A. 2d 287 (1987), Mauro v. Raymark Industries, Inc., 116 N.J. 126 , 561 A. 2d 257 (1989), and Theer v. Philip Carey Co., 133 N.J. 610 , 628 A. 2d 724 (1993).

2008In framing the issue, the trial court reviewed the standards governing pleadings and motions to dismiss, as well as the facts and holdings of several significant cases that addressed medical monitoring: Ayers v. Township of Jackson, 106 N.J. 557 , 525 A. 2d 287 (1987), Mauro v. Raymark Industries, Inc., 116 N.J. 126 , 561 A. 2d 257 (1989), and Theer v. Philip Carey Co., 133 N.J. 610 , 628 A. 2d 724 (1993).

12008–2008
Ayers v. Township of Jackson green
nj · 1987
12008–2008
Triffin v. Cigna Insurance neutral
njsuperctappdiv · 1997
12004–2004
Triffin v. Somerset Valley Bank green
njsuperctappdiv · 2001
12004–2004
O'CONNOR v. Abraham Altus green
nj · 1975
12004–2004
Lingar v. Live-In Companions, Inc. green
njsuperctappdiv · 1997
11998–1998
Rieder v. State, Dept. of Transp. green
njsuperctappdiv · 1987
11998–1998
Gleitman v. Cosgrove green
nj · 1967
11992–1992
Portee v. Jaffee green
nj · 1980
11983–1983

Statutes the citing opinions construe

NJ § N.J. Stat. § 10:5-1 (6) NJ § N.J. Stat. § 2C:39-4 (5) NJ § N.J. Stat. § 2C:39-5 (5) NJ § N.J. Stat. § 2C:43-7.2 (5) NJ § N.J. Stat. § 2C:15-1 (4) NJ § N.J. Stat. § 2C:12-1 (3)

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.

Where else courts name it

TN 279 (1994–2026) PA 185 (1976–2026) NY 168 (1973–2026) OH 107 (1981–2026) IL 87 (1973–2026) CA 86 (1985–2026) FL 82 (1981–2025) TX 62 (1986–2026) CT 45 (1990–2026) DE 43 (1997–2026) MO 38 (1988–2025) AR 35 (1991–2025) MI 33 (1981–2026) AZ 32 (1986–2025) NJ 31 (1983–2026) OR 30 (1981–2026) CO 29 (1982–2026) WA 29 (1987–2026) IN 28 (1986–2023) GA 27 (1987–2026) MA 25 (1986–2025) AL 24 (1985–2025) MS 19 (1994–2022) KY 18 (1995–2026) ME 15 (1986–2025) MD 14 (2000–2024) OK 12 (1987–2017) NC 12 (1986–2021) DC 12 (1980–2024) NM 12 (1992–2023) WV 11 (1991–2024) MT 10 (1997–2025) KS 10 (1995–2024) WI 10 (1994–2023) WY 9 (1994–2026) NV 8 (1994–2014) LA 8 (1994–2020) MN 8 (1988–2026) VA 7 (1986–2026) SC 7 (2011–2023) UT 7 (1986–2025) ID 6 (1998–2023) VT 6 (2016–2026) RI 5 (1979–2019) HI 5 (1978–2018) IA 5 (2016–2022) NE 5 (1990–2026) VI 5 (1998–2026) AK 3 (2012–2024) SD 3 (1989–1998) NH 2 (2013–2015)

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.

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