case involving claim (New Jersey) · Go Syfert
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case involving claim in New Jersey

25 New Jersey opinions name it 3 courts 1953–2021 1 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 (16)

CaseFollowedCited
Schmidt v. Smithgreen
nj · 1998 · cited in 1 New Jersey opinions naming this issue, 2021–2021
2 sentences

2021In a case involving a claim for bodily injury arising out of acts of sexual harassment, the Court held that "N.J.S.A. 34:15-72 required [the employer] to obtain sufficient coverage for the payment of any obligation it might incur on account of bodily injuries to an employee." Schmidt v. Smith, 155 N.J. 44, 51 (1998) (emphasis added).

2021The Court held that the defendant- employer — which obtained a combined workers' compensation and employer's liability policy — contracted with its insurer "for the coverage of bodily injuries falling both inside and outside of the workers' compensation structure." Ibid.

11
Am. Civil Liberties Union of N.J. v. Hendricksgreen
nj · 2018 · cited in 1 New Jersey opinions naming this issue, 2018–2018
2 sentences

2018Notably, the Supreme Court invoked Rule 2:5-5(b) earlier this year in American Civil Liberties Union of New Jersey v. Hendricks, 233 N.J. 181, 185 (2018), a case involving a challenge to a final decision of the State Secretary of Higher Education ("Secretary").

2018In American Civil Liberties Union of New Jersey, the Supreme Court concluded that "[a] remand is necessary to allow for the development of a proper record, with fact-finding" as "[a]dversarial testing of the evidence in support of the parties' presentations is required here." Ibid.

11
In re Johnsongreen
nj · 2013 · cited in 1 New Jersey opinions naming this issue, 2017–2017
1 sentence

2017The Commission stated: [CTS] is not a managerial title, as claimed by the appellants, but is a primary 5 In support of their contention that the Commission must "thorough[ly] understand" and fully review the respective job duties of both titles involved in a lateral titles rights case, appellants cite In re Johnson, 215 N.J. 366, 378, 383-84 (2013), a case involving a challenge to the Commission's decision to reclassify a civil service position without first conducting a complete audit of that position.

11
Russo v. BD. OF TRUSTEES, POLICE.green
nj · 2011 · cited in 1 New Jersey opinions naming this issue, 2017–2017
1 sentence

2017Sys., 206 N.J. 14, 33 (2011).

11
Cavuoti v. New Jersey Transit Corp.green
nj · 1999 · cited in 1 New Jersey opinions naming this issue, 2015–2015
2 sentences

2015In Cavuoti v. New Jersey Transit Corp., a case involving the standard for an award of punitive damages against an employer in supervisor sexual harassment litigation, the Court reiterated that an employer’s anti-harassment policy is a significant factor in such cases. 161 N.J. 107,113,120-21 , 735 A.2d 548 (1999).

2015In Cavuoti v. New Jersey Transit Corp., a case involving the standard for an award of punitive damages against an employer in supervisor sexual harassment litigation, the Court reiterated that an employer’s anti-harassment policy is a significant factor in such cases. 161 N.J. 107,113,120-21 , 735 A.2d 548 (1999).

11
Doe v. Eli Lilly & Co.green
dcd · 1983 · cited in 1 New Jersey opinions naming this issue, 2012–2012
1 sentence

2012Quoting Doe v. Eli Lilly & Co., Inc., 99 F.R.D. 126, 128 (D.D.C.1983), we stated: "As a general proposition ... no party to litigation has anything resembling a proprietary right to any witness's evidence." Lazorick, supra, 195 N.J.Super. at 454 , 480 A. 2d 223 .

11
Lazorick v. Browngreen
njsuperctappdiv · 1984 · cited in 1 New Jersey opinions naming this issue, 2012–2012
2 sentences

2012Before the Supreme Court decided Stempler and Stigliano, this court's treatment of the issue was even more pronounced in Lazorick v. Brown, 195 N.J.Super. 444, 446, 449 , 480 A. 2d 223 (App.Div. 1984), a case involving a claim of medical malpractice where the treating physicians disagreed with the plaintiff's claims.

2012Before the Supreme Court decided Stempler and Stigliano, this court's treatment of the issue was even more pronounced in Lazorick v. Brown, 195 N.J.Super. 444, 446, 449 , 480 A. 2d 223 (App.Div. 1984), a case involving a claim of medical malpractice where the treating physicians disagreed with the plaintiff's claims.

11
cluster 773596green
ca9 · 2001 · cited in 1 New Jersey opinions naming this issue, 2010–2010
1 sentence

2010Lyon v. Agusta S.P.A., 252 F. 3d 1078, 1088 (9th Cir.2001) (precluding plaintiffs from "bypass[ing] the GARA bar" by equating failing to revise a manual with replacing an aircraft part and distinguishing its prior decision on the ground that Caldwell involved a negligent revision), cert. denied, 534 U.S. 1079 , 122 S.Ct. 809 , 151 L.Ed. 2d 694 (2002).

11
McKeown-Brand v. Trump Castle Hotel & Casinogreen
nj · 1993 · cited in 1 New Jersey opinions naming this issue, 2009–2009
2 sentences

2009McKeown-Brand, supra, 132 N.J. at 549, 563 , 626 A. 2d 425 .

2009McKeown-Brand, supra, 132 N.J. at 549, 563 , 626 A. 2d 425 .

11
Roper v. Blumenfeldgreen
njsuperctappdiv · 1998 · cited in 1 New Jersey opinions naming this issue, 2009–2009
2 sentences

2009See Roper v. Blumenfeld, 309 N.J.Super. 219 , 706 A.2d 1151 (App.Div.), certif. denied, 156 N.J. 379 , 718 A.2d 1208 (1998).

2009See Roper v. Blumenfeld, 309 N.J.Super. 219 , 706 A.2d 1151 (App.Div.), certif. denied, 156 N.J. 379 , 718 A.2d 1208 (1998).

11
Portee v. Jaffeegreen
nj · 1980 · cited in 1 New Jersey opinions naming this issue, 1987–1987
1 sentence

1987See also Merenoff v. Merenoff, 76 N.J. 535 (1978). [7] In Portee v. Jaffee, 84 N.J. 88 (1980), a case involving a claim for emotional distress based on a mother's observation of her son's death, our Supreme Court likewise held that the mother's recovery would be reduced by the percentage of negligence of the son, as well as by the percentage of negligence of the mother.

11
Merenoff v. Merenoffgreen
nj · 1978 · cited in 1 New Jersey opinions naming this issue, 1987–1987
1 sentence

1987See also Merenoff v. Merenoff, 76 N.J. 535 (1978). [7] In Portee v. Jaffee, 84 N.J. 88 (1980), a case involving a claim for emotional distress based on a mother's observation of her son's death, our Supreme Court likewise held that the mother's recovery would be reduced by the percentage of negligence of the son, as well as by the percentage of negligence of the mother.

11
State v. Hessgreen
njsuperctappdiv · 1984 · cited in 1 New Jersey opinions naming this issue, 1987–1987
11
State v. Jonesgreen
njsuperctappdiv · 1984 · cited in 1 New Jersey opinions naming this issue, 1987–1987
11
In re the 1976 Hospital Reimbursement Rate for William B. Kessler Memorial Hospitalgreen
nj · 1979 · cited in 1 New Jersey opinions naming this issue, 1985–1985
11
State v. Zeiglergreen
nj · 1867 · cited in 1 New Jersey opinions naming this issue, 1953–1953
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 (21)

CaseCitedYears
State v. Vallejo green
nj · 2009
2 sentences

2014Vallejo, supra, 198 N.J. at 137 .

2014Vallejo, supra, 198 N.J. at 137 .

12014–2014
Global Naps, Inc. v. Federal Communications Commission green
scotus · 2002
1 sentence

2010Lyon v. Agusta S.P.A., 252 F. 3d 1078, 1088 (9th Cir.2001) (precluding plaintiffs from "bypass[ing] the GARA bar" by equating failing to revise a manual with replacing an aircraft part and distinguishing its prior decision on the ground that Caldwell involved a negligent revision), cert. denied, 534 U.S. 1079 , 122 S.Ct. 809 , 151 L.Ed. 2d 694 (2002).

12010–2010
City & County of San Francisco v. Fitzwater green
scotus · 2002
1 sentence

2010Lyon v. Agusta S.P.A., 252 F. 3d 1078, 1088 (9th Cir.2001) (precluding plaintiffs from "bypass[ing] the GARA bar" by equating failing to revise a manual with replacing an aircraft part and distinguishing its prior decision on the ground that Caldwell involved a negligent revision), cert. denied, 534 U.S. 1079 , 122 S.Ct. 809 , 151 L.Ed. 2d 694 (2002).

12010–2010
Central States, Southeast & Southwest Areas Pension Fund v. Basic American Industries, Inc. green
scotus · 2002
1 sentence

2010Lyon v. Agusta S.P.A., 252 F. 3d 1078, 1088 (9th Cir.2001) (precluding plaintiffs from "bypass[ing] the GARA bar" by equating failing to revise a manual with replacing an aircraft part and distinguishing its prior decision on the ground that Caldwell involved a negligent revision), cert. denied, 534 U.S. 1079 , 122 S.Ct. 809 , 151 L.Ed. 2d 694 (2002).

12010–2010
Hall v. Minder neutral
njsuperctappdiv · 1997
2 sentences

2009In reaching that outcome, the panel relied primarily on Hall v. Minder, 298 N.J.Super. 243 , 689 A. 2d 207 (App.Div.), certif. denied, 149 N.J. 408 , 694 A. 2d 193 (1997), a case involving a claim against the Unsatisfied Claim and Judgment Fund (Fund).

2009In reaching that outcome, the panel relied primarily on Hall v. Minder, 298 N.J.Super. 243 , 689 A. 2d 207 (App.Div.), certif. denied, 149 N.J. 408 , 694 A. 2d 193 (1997), a case involving a claim against the Unsatisfied Claim and Judgment Fund (Fund).

12009–2009
Masone v. Levine green
njsuperctappdiv · 2005
2 sentences

2009In the first instance, the trial court simply noted that plaintiff saw fit to continue its litigation after receipt of the notice and demand and that the "court's ruling essentially ratified defendants' position." On remand, the trial court expressly declined to consider plaintiff's view of the merits. *480 Relying on Masone, supra, 382 N.J.Super. at 192 , 887 A. 2d 1191 , a case involving a claim for an award against an attorney retained by a client pursuant to Rule 1:4-8 and not a claim against the client pursuant to N.J.S.A. 2A:15-59.1b(2), the judge concluded plaintiff's subjective belief

2009In the first instance, the trial court simply noted that plaintiff saw fit to continue its litigation after receipt of the notice and demand and that the "court's ruling essentially ratified defendants' position." On remand, the trial court expressly declined to consider plaintiff's view of the merits. *480 Relying on Masone, supra, 382 N.J.Super. at 192 , 887 A. 2d 1191 , a case involving a claim for an award against an attorney retained by a client pursuant to Rule 1:4-8 and not a claim against the client pursuant to N.J.S.A. 2A:15-59.1b(2), the judge concluded plaintiff's subjective belief

12009–2009
Hall v. Minder green
nj · 1997
2 sentences

2009In reaching that outcome, the panel relied primarily on Hall v. Minder, 298 N.J.Super. 243 , 689 A. 2d 207 (App.Div.), certif. denied, 149 N.J. 408 , 694 A. 2d 193 (1997), a case involving a claim against the Unsatisfied Claim and Judgment Fund (Fund).

2009In reaching that outcome, the panel relied primarily on Hall v. Minder, 298 N.J.Super. 243 , 689 A.2d 207 (App.Div.), certif. denied, 149 N.J. 408 , 694 A.2d 193 (1997), a case involving a claim against the Unsatisfied Claim and Judgment Fund (Fund).

12009–2009
Atl. Employers Ins. Co. v. Chartwell Manor Sch. green
njsuperctappdiv · 1995
2 sentences

2008In the latter case involving a claim of abuse by a school and its headmaster, "[t]he insurance policy included an exclusion for intentional acts but provided coverage for corporal punishment under an endorsement." Chartwell Manor School, supra, 280 N.J.Super. at 460 , 655 A. 2d 954 .

2008In the latter case involving a claim of abuse by a school and its headmaster, "[t]he insurance policy included an exclusion for intentional acts but provided coverage for corporal punishment under an endorsement." Chartwell Manor School, supra, 280 N.J.Super. at 460 , 655 A. 2d 954 .

12008–2008
Washington v. Glucksberg green
scotus · 1997
2 sentences

2006One such example is Glucksberg, supra, a case involving a challenge to Washington’s law prohibiting and criminalizing assisted suicide. 521 U.S. at 705-06 , 117 S.Ct. at 2261 , 138 L.Ed.2d at 779 .

2006One such example is Glucksberg, supra, a case involving a challenge to Washington’s law prohibiting and criminalizing assisted suicide. 521 U.S. at 705-06 , 117 S.Ct. at 2261 , 138 L.Ed.2d at 779 .

12006–2006
Pantasote Co. v. City of Passaic green
nj · 1985
2 sentences

2005Although many eases challenging determinations of the Director turn on the appropriate administrative construction given to a statute, as to which the burden of proof applicable in local property tax cases is inappropriate, I conclude that, in a case involving a challenge to a determination by the Director based on an audit of a cash business, involving only factual issues and the methods employed by the Director, the standard set forth in Pantasote Co., supra, 100 N.J. at 413 , 495 A.2d 1308 , is a reasonable and practical one.

2005Although many eases challenging determinations of the Director turn on the appropriate administrative construction given to a statute, as to which the burden of proof applicable in local property tax cases is inappropriate, I conclude that, in a case involving a challenge to a determination by the Director based on an audit of a cash business, involving only factual issues and the methods employed by the Director, the standard set forth in Pantasote Co., supra, 100 N.J. at 413 , 495 A.2d 1308 , is a reasonable and practical one.

12005–2005
Mauro v. Raymark Industries, Inc. green
nj · 1989
2 sentences

2002Mauro v. Raymark Indus., 116 N.J. 126, 142-43 , 561 A.2d 257 (1989).

2002Mauro v. Raymark Indus., 116 N.J. 126, 142-43 , 561 A.2d 257 (1989).

12002–2002
Lindstrom v. Hanover Insurance green
nj · 1994
2 sentences

2001However, in Lindstrom v. Hanover Insurance Co., 138 N.J. 242 , 649 A. 2d 1272 (1994), a case involving a claim for Personal Injury Protection (PIP) coverage resulting from a drive-by shooting, the Court also had to consider the meaning of the word accident, and concluded that when viewed from the insured victim's perspective, the shooting was an accident in that it was unintentional.

2001However, in Lindstrom v. Hanover Insurance Co., 138 N.J. 242 , 649 A. 2d 1272 (1994), a case involving a claim for Personal Injury Protection (PIP) coverage resulting from a drive-by shooting, the Court also had to consider the meaning of the word accident, and concluded that when viewed from the insured victim's perspective, the shooting was an accident in that it was unintentional.

12001–2001
H-CHH Associates v. Citizens for Representative Government green
calctapp · 1987
2 sentences

1999Subsequently, in H-CHH Assocs. v. Citizens for Representative Gov't, 193 Cal. App. 3d 1193 , 238 Cal.Rptr. 841 , review denied (Oct. 29, 1987), cert. denied, 485 U.S. 971 , 108 S.Ct. 1248 , 99 L.Ed. 2d 446 (1988), a case involving a challenge to a shopping center's regulations, the California appeals court said that Pruneyard "did not establish a new standard of reasonableness to be applied to private property." Id. at 850.

1999Subsequently, in H-CHH Assocs. v. Citizens for Representative Gov't, 193 Cal. App. 3d 1193 , 238 Cal.Rptr. 841 , review denied (Oct. 29, 1987), cert. denied, 485 U.S. 971 , 108 S.Ct. 1248 , 99 L.Ed. 2d 446 (1988), a case involving a challenge to a shopping center's regulations, the California appeals court said that Pruneyard "did not establish a new standard of reasonableness to be applied to private property." Id. at 850.

11999–1999
Robins v. Pruneyard Shopping Center green
cal · 1979
2 sentences

1999Instead, the court asserted that Pruneyard, supra, 23 Cal. 3d 899 , 153 Cal. Rptr. 854 , 592 P. 2d 341 , and In re Hoffman, 67 Cal. 2d 845 , 64 Cal.Rptr. 97, 101-102 , 434 P. 2d 353 (1967), required time, place and manner regulations to be "narrowly focused in the traditional manner." H-CHH, supra, 238 Cal.Rptr. at 850 .

1999Instead, the court asserted that Pruneyard, supra, 23 Cal. 3d 899 , 153 Cal. Rptr. 854 , 592 P. 2d 341 , and In re Hoffman, 67 Cal. 2d 845 , 64 Cal.Rptr. 97, 101-102 , 434 P. 2d 353 (1967), required time, place and manner regulations to be "narrowly focused in the traditional manner." H-CHH, supra, 238 Cal.Rptr. at 850 .

11999–1999
In Re Hoffman green
cal · 1967
2 sentences

1999Instead, the court asserted that Pruneyard, supra, 23 Cal. 3d 899 , 153 Cal. Rptr. 854 , 592 P. 2d 341 , and In re Hoffman, 67 Cal. 2d 845 , 64 Cal.Rptr. 97, 101-102 , 434 P. 2d 353 (1967), required time, place and manner regulations to be "narrowly focused in the traditional manner." H-CHH, supra, 238 Cal.Rptr. at 850 .

1999Instead, the court asserted that Pruneyard, supra, 23 Cal. 3d 899 , 153 Cal. Rptr. 854 , 592 P. 2d 341 , and In re Hoffman, 67 Cal. 2d 845 , 64 Cal.Rptr. 97, 101-102 , 434 P. 2d 353 (1967), required time, place and manner regulations to be "narrowly focused in the traditional manner." H-CHH, supra, 238 Cal.Rptr. at 850 .

11999–1999
H-CHH Associates v. Citizens for Representative Government green
scotus · 1988
2 sentences

1999Subsequently, in H-CHH Assocs. v. Citizens for Representative Gov't, 193 Cal. App. 3d 1193 , 238 Cal.Rptr. 841 , review denied (Oct. 29, 1987), cert. denied, 485 U.S. 971 , 108 S.Ct. 1248 , 99 L.Ed. 2d 446 (1988), a case involving a challenge to a shopping center's regulations, the California appeals court said that Pruneyard "did not establish a new standard of reasonableness to be applied to private property." Id. at 850.

1999Subsequently, in H-CHH Assocs. v. Citizens for Representative Gov't, 193 Cal. App. 3d 1193 , 238 Cal.Rptr. 841 , review denied (Oct. 29, 1987), cert. denied, 485 U.S. 971 , 108 S.Ct. 1248 , 99 L.Ed. 2d 446 (1988), a case involving a challenge to a shopping center's regulations, the California appeals court said that Pruneyard "did not establish a new standard of reasonableness to be applied to private property." Id. at 850.

11999–1999
Spencer v. United States Court of Appeals for the Seventh Circuit green
scotus · 1988
1 sentence

1999Subsequently, in H-CHH Assocs. v. Citizens for Representative Gov't, 193 Cal. App. 3d 1193 , 238 Cal.Rptr. 841 , review denied (Oct. 29, 1987), cert. denied, 485 U.S. 971 , 108 S.Ct. 1248 , 99 L.Ed. 2d 446 (1988), a case involving a challenge to a shopping center's regulations, the California appeals court said that Pruneyard "did not establish a new standard of reasonableness to be applied to private property." Id. at 850.

11999–1999
Suarez v. Dosky green
njsuperctappdiv · 1979
1 sentence

1996Super. 1 , 407 A. 2d 1237 (1979), a case involving a claim of negligence against two state troopers in connection with an automobile accident.

11996–1996
Andrews v. Ocean Twp. Board of Adjustment green
nj · 1959
11987–1987
Kansas City v. McCoy green
mo · 1975
11984–1984
Gleason v. Boehm green
nj · 1896
11954–1954

Where else courts name it

CA 56 (1894–2023) PA 45 (1940–2025) TX 43 (1928–2022) MD 39 (1902–2026) IL 33 (1969–2026) NY 32 (1897–2025) FL 27 (1939–2019) NJ 25 (1953–2021) CT 25 (1953–2020) AL 22 (1917–2010) OR 22 (1887–2025) MO 22 (1883–2021) WA 21 (1915–2016) OH 21 (1923–2022) NC 18 (1907–2016) MA 17 (1971–2023) VA 17 (1941–2024) LA 16 (1931–2018) GA 15 (1903–2022) WI 15 (1920–2025) MI 14 (1901–2026) IA 13 (1907–2019) NE 12 (1924–2022) DC 12 (1954–2020) TN 11 (1915–2014) MN 11 (1972–2016) AZ 9 (1966–2011) MS 7 (1971–2019) AR 7 (1914–2006) KS 7 (1986–2014) WY 7 (1972–2012) NM 6 (1964–2024) ME 6 (1978–2025) VT 5 (1977–2014) WV 5 (1962–2004) CO 4 (1968–2026) OK 4 (1935–2010) UT 3 (1951–2024) KY 3 (2001–2018) IN 3 (1987–2018) MT 3 (1898–1999) ID 2 (1980–1986) ND 2 (1968–1989) NH 2 (1979–1983) HI 2 (1995–1998) SD 2 (1974–2026)

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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