25 New Jersey opinions name it 2 courts 1955–2026 6 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 |
|---|---|---|
Berg v. Reaction Motors Divisiongreen2 sentences2022Accordingly, to sustain a punitive damages claim, “[a] plaintiff must demonstrate a ‘deliberate act or omission with knowledge of a high degree of probability of harm and reckless indifference to consequences.’” Ibid. (quoting Berg v. Reaction Motors Div., 37 N.J. 396, 414 (1962)). 2022Accordingly, to sustain a punitive damages claim, “[a] plaintiff must demonstrate a ‘deliberate act or omission with knowledge of a high degree of probability of harm and reckless indifference to consequences.’” Ibid. (quoting Berg v. Reaction Motors Div., 37 N.J. 396, 414 (1962)). | 3 | 3 |
Fuchilla v. Laymangreen2 sentences2018We similarly do not address whether the punitive damages bar under the arbitration agreement is unenforceable as unconscionable, see Muhammad, 189 N.J. at 15 (explaining the standard for determining whether an arbitration agreement is unenforceable as unconscionable), because we determine the provision is unenforceable because it violates public policy. 10 A-5388-16T3 'eradication of the cancer of discrimination.'" Quinlan v. Curtiss-Wright Corp., 204 N.J. 239, 258 (2010) (quoting Fuchilla v. Layman, 109 N.J. 319, 334 (1988)); accord Rodriguez, 225 N.J. at 361 . 2018A-5388-16T3 10 109 N.J. 319, 334 (1988)); accord Rodriguez, 225 N.J. at 361 . | 2 | 2 |
Sergio Rodriguez v. Raymours Furniture(074603)green2 sentences2018We similarly do not address whether the punitive damages bar under the arbitration agreement is unenforceable as unconscionable, see Muhammad, 189 N.J. at 15 (explaining the standard for determining whether an arbitration agreement is unenforceable as unconscionable), because we determine the provision is unenforceable because it violates public policy. 10 A-5388-16T3 'eradication of the cancer of discrimination.'" Quinlan v. Curtiss-Wright Corp., 204 N.J. 239, 258 (2010) (quoting Fuchilla v. Layman, 109 N.J. 319, 334 (1988)); accord Rodriguez, 225 N.J. at 361 . 2018A-5388-16T3 10 109 N.J. 319, 334 (1988)); accord Rodriguez, 225 N.J. at 361 . | 2 | 2 |
Pickett v. Lloyd'sgreen2 sentences2007However, the Court expressly recognized, citing Pierzga, Kubiak and Milcarek , that a claim for a wrongful failure to pay statutorily mandated insurance benefits such as PIP should be treated differently than a claim that is not subject to statutory regulation: We also concur with the courts holding, in the highly-regulated area of personal injury protection, see N.J.S.A 39:6A-5, that wrongful failure to pay benefits, wrongful withholding of benefits or other violation of the statute does not thereby give rise to a claim for punitive damages. [Id. at 476, 621 A.2d 445 .] The Court also indicat 2007However, the Court expressly recognized, citing Pierzga, Kubiak and Milcarek , that a claim for a wrongful failure to pay statutorily mandated insurance benefits such as PIP should be treated differently than a claim that is not subject to statutory regulation: We also concur with the courts holding, in the highly-regulated area of personal injury protection, see N.J.S.A 39:6A-5, that wrongful failure to pay benefits, wrongful withholding of benefits or other violation of the statute does not thereby give rise to a claim for punitive damages. [Id. at 476, 621 A.2d 445 .] The Court also indicat | 2 | 2 |
Smith v. Whitakergreen2 sentences2005N.J.S.A. 2A:15-5.13(b) and (c); see also *326 Smith v. Whitaker, 160 N.J. 221, 248 , 734 A.2d 243 (1999) (Garibaldi, J., concurring). 2005N.J.S.A. 2A:15-5.13(b) and (c); see also *326 Smith v. Whitaker, 160 N.J. 221, 248 , 734 A.2d 243 (1999) (Garibaldi, J., concurring). | 2 | 2 |
Pavlova v. Mint Management Corp.green2 sentences2022Accordingly, to sustain a punitive damages claim, “[a] plaintiff must demonstrate a ‘deliberate act or omission with knowledge of a high degree of probability of harm and reckless indifference to consequences.’” Ibid. (quoting Berg v. Reaction Motors Div., 37 N.J. 396, 414 (1962)). 2022Accordingly, to sustain a punitive damages claim, “[a] plaintiff must demonstrate a ‘deliberate act or omission with knowledge of a high degree of probability of harm and reckless indifference to consequences.’” Ibid. (quoting Berg v. Reaction Motors Div., 37 N.J. 396, 414 (1962)). | 1 | 3 |
Quinlan v. Curtiss-Wright Corp.green2 sentences2020Although we are convinced there was sufficient evidence supporting a finding Browne and Iosso were part of defendant's upper management, we affirm A-2274-17T4 56 the court's dismissal of the punitive damages claim because plaintiff does not argue the court erred by finding insufficient evidence to support a claim Browne, Iosso, or Ruiz engaged in the especially egregious conduct that is a requisite to an award of punitive damages, Quinlan, 204 N.J. at 274 , and he does not point to any evidence supporting such a claim. 13 An argument not briefed on appeal is deemed waived. 2018We similarly do not address whether the punitive damages bar under the arbitration agreement is unenforceable as unconscionable, see Muhammad, 189 N.J. at 15 (explaining the standard for determining whether an arbitration agreement is unenforceable as unconscionable), because we determine the provision is unenforceable because it violates public policy. 10 A-5388-16T3 'eradication of the cancer of discrimination.'" Quinlan v. Curtiss-Wright Corp., 204 N.J. 239, 258 (2010) (quoting Fuchilla v. Layman, 109 N.J. 319, 334 (1988)); accord Rodriguez, 225 N.J. at 361 . | 1 | 2 |
Fischer v. Johns-Manville Corp.green2 sentences1996The jury must not be misled into believing that the distinct elements of either are a requirement or necessarily relevant to the other. [ Id. at 672 , 512 A. 2d 466 ]. *335 The instructions are necessary because, in order to support a punitive damages claim, a plaintiff must show a "a great deal ... about a defendant's conduct" that is unnecessary or irrelevant to the warning defect claim. 1996The jury must not be misled into believing that the distinct elements of either are a requirement or necessarily relevant to the other. [ Id. at 672 , 512 A. 2d 466 ]. *335 The instructions are necessary because, in order to support a punitive damages claim, a plaintiff must show a "a great deal ... about a defendant's conduct" that is unnecessary or irrelevant to the warning defect claim. | 1 | 2 |
Bergen Commercial Bank v. Sislergreen1 sentence2018The Court has "been vigilant in interpreting the LAD in accordance with that overarching purpose," Quinlan, 204 N.J. at 259 , and "scrupulous in [its] insistence that the [LAD] be applied to the full extent of its facial coverage,'" ibid. (quoting Bergen Commercial Bank v. Sisler, 157 N.J. 188, 216 (1999)). | 1 | 1 |
Lockley v. DEPT. OF CORRECTIONSgreen2 sentences2015A public sector employer “whose egregious conduct violates the LAD may be held ‘liable for punitive damages ... only in the event of actual participation by upper management or willful indifference.’ ” Lockley v. Dep’t of Corr., 177 N.J. 413, 424 , 828 A.2d 869 (2003) (quoting Cavuoti supra, 161 N.J. at 117 , 735 A.2d 548 ). 2015A public sector employer “whose egregious conduct violates the LAD may be held ‘liable for punitive damages ... only in the event of actual participation by upper management or willful indifference.’ ” Lockley v. Dep’t of Corr., 177 N.J. 413, 424 , 828 A.2d 869 (2003) (quoting Cavuoti supra, 161 N.J. at 117 , 735 A.2d 548 ). | 1 | 1 |
Wangen v. Ford Motor Co.green2 sentences1999See, e.g., Ford Motor Co., supra, 120 Cal.App. 3d at 749 , 175 Cal. Rptr. 39 ; Rubeck v. Huffman, 54 Ohio St. 2d 20 , 374 N.E. 2d 411, 413 (1978); Wangen v. Ford Motor Co., 97 Wis. 2d 260 , 294 N.W. 2d 437, 463-64 (1980). *252 We previously have held that in some cases involving egregious conduct, a punitive damages claim may constitute plaintiff's sole basis for recovery, "at least where some injury, loss, or detriment to the plaintiff has occurred." Nappe, supra, 97 N.J. at 51 , 477 A. 2d 1224 . 1999See, e.g., Ford Motor Co., supra, 120 Cal.App. 3d at 749 , 175 Cal. Rptr. 39 ; Rubeck v. Huffman, 54 Ohio St. 2d 20 , 374 N.E. 2d 411, 413 (1978); Wangen v. Ford Motor Co., 97 Wis. 2d 260 , 294 N.W. 2d 437, 463-64 (1980). *252 We previously have held that in some cases involving egregious conduct, a punitive damages claim may constitute plaintiff's sole basis for recovery, "at least where some injury, loss, or detriment to the plaintiff has occurred." Nappe, supra, 97 N.J. at 51 , 477 A. 2d 1224 . | 1 | 1 |
Ford Motor Co. v. Superior Courtgreen2 sentences1999See, e.g., Ford Motor Co., supra, 120 Cal.App. 3d at 749 , 175 Cal. Rptr. 39 ; Rubeck v. Huffman, 54 Ohio St. 2d 20 , 374 N.E. 2d 411, 413 (1978); Wangen v. Ford Motor Co., 97 Wis. 2d 260 , 294 N.W. 2d 437, 463-64 (1980). *252 We previously have held that in some cases involving egregious conduct, a punitive damages claim may constitute plaintiff's sole basis for recovery, "at least where some injury, loss, or detriment to the plaintiff has occurred." Nappe, supra, 97 N.J. at 51 , 477 A. 2d 1224 . 1999See, e.g., Ford Motor Co., supra, 120 Cal.App. 3d at 749 , 175 Cal. Rptr. 39 ; Rubeck v. Huffman, 54 Ohio St. 2d 20 , 374 N.E. 2d 411, 413 (1978); Wangen v. Ford Motor Co., 97 Wis. 2d 260 , 294 N.W. 2d 437, 463-64 (1980). *252 We previously have held that in some cases involving egregious conduct, a punitive damages claim may constitute plaintiff's sole basis for recovery, "at least where some injury, loss, or detriment to the plaintiff has occurred." Nappe, supra, 97 N.J. at 51 , 477 A. 2d 1224 . | 1 | 1 |
Rubeck v. Huffmangreen2 sentences1999See, e.g., Ford Motor Co., supra, 120 Cal.App. 3d at 749 , 175 Cal. Rptr. 39 ; Rubeck v. Huffman, 54 Ohio St. 2d 20 , 374 N.E. 2d 411, 413 (1978); Wangen v. Ford Motor Co., 97 Wis. 2d 260 , 294 N.W. 2d 437, 463-64 (1980). *252 We previously have held that in some cases involving egregious conduct, a punitive damages claim may constitute plaintiff's sole basis for recovery, "at least where some injury, loss, or detriment to the plaintiff has occurred." Nappe, supra, 97 N.J. at 51 , 477 A. 2d 1224 . 1999See, e.g., Ford Motor Co., supra, 120 Cal.App. 3d at 749 , 175 Cal. Rptr. 39 ; Rubeck v. Huffman, 54 Ohio St. 2d 20 , 374 N.E. 2d 411, 413 (1978); Wangen v. Ford Motor Co., 97 Wis. 2d 260 , 294 N.W. 2d 437, 463-64 (1980). *252 We previously have held that in some cases involving egregious conduct, a punitive damages claim may constitute plaintiff's sole basis for recovery, "at least where some injury, loss, or detriment to the plaintiff has occurred." Nappe, supra, 97 N.J. at 51 , 477 A. 2d 1224 . | 1 | 1 |
Valentin v. Warren Management, Inc.green2 sentences1988We granted plaintiffs petition for certification, 108 N.J. 211 (1987), and defendant’s cross-petition, id. at 212. 1988We granted plaintiffs petition for certification, 108 N.J. 211 (1987), and defendant’s cross-petition, id. at 212. | 1 | 1 |
| Haines v. Schultzgreen | 1 | 1 |
Allen v. Craiggreen1 sentence1955In Haines v. Schultz, 50 N.J.L. 481, 484 ( Sup. Ct. 1888), Justice Garrison characterized the doctrine of punitive damages as "a sort of hybrid between a display of ethical indignation and the imposition of a criminal fine." It was written over a century ago that actions "for assault and battery are in their nature vindictive, and when a jury gives exemplary damages the court has no graduated scale by which to measure them, and its general and safest rule, is not to interfere, unless they are manifestly outrageous * * *." Allen v. Craig, 13 N.J.L. 294, 301 ( Sup. Ct. 1833). | 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 |
|---|---|---|
Rusak v. Ryan Automotive, LLC
green
1 sentence2024Id. at 118-22 . | 1 | 2024–2024 |
Abbamont v. Piscataway Tp. Bd. of Educ.
green
1 sentence2021Id. at 298-99 . | 1 | 2021–2021 |
Herman v. Sunshine Chemical Specialties, Inc.
green
1 sentence2018The party asserting a punitive damage claim must establish "proof of a prima facie case as a condition A-2895-17T4 8 precedent to discovery of a defendant's financial condition[.]" Herman, 133 N.J. at 346 . | 1 | 2018–2018 |
Cavuoti v. New Jersey Transit Corp.
green
2 sentences2015A public sector employer “whose egregious conduct violates the LAD may be held ‘liable for punitive damages ... only in the event of actual participation by upper management or willful indifference.’ ” Lockley v. Dep’t of Corr., 177 N.J. 413, 424 , 828 A.2d 869 (2003) (quoting Cavuoti supra, 161 N.J. at 117 , 735 A.2d 548 ). 2015A public sector employer “whose egregious conduct violates the LAD may be held ‘liable for punitive damages ... only in the event of actual participation by upper management or willful indifference.’ ” Lockley v. Dep’t of Corr., 177 N.J. 413, 424 , 828 A.2d 869 (2003) (quoting Cavuoti supra, 161 N.J. at 117 , 735 A.2d 548 ). | 1 | 2015–2015 |
Dong v. Alape
green
2 sentences2005Likewise, in Dong, supra, we reversed a trial court's summary judgment dismissal of a plaintiff's punitive damages claim, finding plaintiff made a prima facie case of especially egregious conduct that could support such an award. 361 N.J.Super. at 111 , 824 A. 2d 251 . 2005Likewise, in Dong, supra, we reversed a trial court's summary judgment dismissal of a plaintiff's punitive damages claim, finding plaintiff made a prima facie case of especially egregious conduct that could support such an award. 361 N.J.Super. at 111 , 824 A. 2d 251 . | 1 | 2005–2005 |
Barbara Allen v. R & H Oil & Gas Company, Farrar Oilfield Service and Equipment Co., and Tri-State Oil Services, Inc., Tri-State Oil Services, Inc.
green
1 sentence1999"In order for punitive damages to be appropriate, the successor must be 'sufficiently connected to the culpable conduct.’ ” Ibid, (quoting Broth-erton, supra, 202 N.J.Super. at 157 , 493 A.2d 1337 ). 2 In Allen v. R & H Oil & Gas Co., 63 F.3d 1326 (1995), the Fifth Circuit observed that a plain reading of the Mississippi punitive damages statute disclosed that the punitive damages claim of each claimant would be separate and distinct, just as the compensatory damages claims of each claimant are separate and distinct. | 1 | 1999–1999 |
Nappe v. Anschelewitz, Barr, Ansell & Bonello
green
2 sentences1999We previously have held that in some cases involving egregious conduct, a punitive damages claim may constitute plaintiffs sole basis for recovery, “at least where some injury, loss, or detriment to the plaintiff has occurred.” Nappe, supra, 97 N.J. at 51 , 477 A.2d 1224 . 1999We previously have held that in some cases involving egregious conduct, a punitive damages claim may constitute plaintiffs sole basis for recovery, “at least where some injury, loss, or detriment to the plaintiff has occurred.” Nappe, supra, 97 N.J. at 51 , 477 A.2d 1224 . | 1 | 1999–1999 |
Caldwell v. Haynes
green
2 sentences1999The standards governing our review of the judge's decision to grant a new trial were restated in the following manner in Caldwell v. Haynes, 136 N.J. 422, 432 , 643 A. 2d 564 (1994): In reviewing a trial court's ruling on a motion for a new trial, an appellate court shall not reverse a trial court "unless it clearly appears that there was a miscarriage of justice under the law." R. 2:10-1. 1999The standards governing our review of the judge's decision to grant a new trial were restated in the following manner in Caldwell v. Haynes, 136 N.J. 422, 432 , 643 A. 2d 564 (1994): In reviewing a trial court's ruling on a motion for a new trial, an appellate court shall not reverse a trial court "unless it clearly appears that there was a miscarriage of justice under the law." R. 2:10-1. | 1 | 1999–1999 |
Brotherton v. Celotex Corp.
green
2 sentences1999"In order for punitive damages to be appropriate, the successor must be 'sufficiently connected to the culpable conduct.’ ” Ibid, (quoting Broth-erton, supra, 202 N.J.Super. at 157 , 493 A.2d 1337 ). 2 In Allen v. R & H Oil & Gas Co., 63 F.3d 1326 (1995), the Fifth Circuit observed that a plain reading of the Mississippi punitive damages statute disclosed that the punitive damages claim of each claimant would be separate and distinct, just as the compensatory damages claims of each claimant are separate and distinct. 1999"In order for punitive damages to be appropriate, the successor must be 'sufficiently connected to the culpable conduct.’ ” Ibid, (quoting Broth-erton, supra, 202 N.J.Super. at 157 , 493 A.2d 1337 ). 2 In Allen v. R & H Oil & Gas Co., 63 F.3d 1326 (1995), the Fifth Circuit observed that a plain reading of the Mississippi punitive damages statute disclosed that the punitive damages claim of each claimant would be separate and distinct, just as the compensatory damages claims of each claimant are separate and distinct. | 1 | 1999–1999 |
Abbamont v. Piscataway Township Board of Education
green
1 sentence1998Id. at 426-32, 435-36 , 650 A. 2d 958 . | 1 | 1998–1998 |
Dolson v. Anastasia
green
2 sentences1996Our standard of review of the dismissal of the punitive damages claim, see R. 4:37-2(b), and the rulings on the probable cause and reasonable time issues, see R. 4:40-1, is "whether `the evidence, together with the legitimate inferences therefrom, could sustain a judgment in ... favor' of the party opposing the motion." Dolson v. Anastasia, 55 N.J. 2, 5 , 258 A. 2d 706 (1969) (quoting R. 4:37-2); see also Brill v. The Guardian Life Ins. 1996Our standard of review of the dismissal of the punitive damages claim, see R. 4:37-2(b), and the rulings on the probable cause and reasonable time issues, see R. 4:40-1, is "whether `the evidence, together with the legitimate inferences therefrom, could sustain a judgment in ... favor' of the party opposing the motion." Dolson v. Anastasia, 55 N.J. 2, 5 , 258 A. 2d 706 (1969) (quoting R. 4:37-2); see also Brill v. The Guardian Life Ins. | 1 | 1996–1996 |
Brill v. Guardian Life Insurance Co. of America
green
2 sentences1996Co. of America, 142 N.J. 520, 536 , 666 A. 2d 146 (1995). 1996Co. of America, 142 N.J. 520, 536 , 666 A. 2d 146 (1995). | 1 | 1996–1996 |
Battista v. Western World Ins. Co.
green
1 sentence1991Co., Inc., 227 N.J. | 1 | 1991–1991 |
Buckley v. TRENTON SAV. FUND SOC.
green
1 sentence1988The Appellate Division affirmed the dismissal of the punitive damages claim, and reversed and remanded the claim for mental anguish. 216 N.J.Super. 705 (1987). | 1 | 1988–1988 |
Fischer v. Johns-Manville Corp.
green
2 sentences1986Dr. Smith testified that from the beginning of his employment he saw persons with asbestosis “on a regular and frequent basis” and frequently made recommendations that such employees receive job reclassifications which would remove them from continued exposure to asbestos dust. [ 193 N.J.Super. at 117-20 .] The court below held that in respect of the punitive damages claim, the proofs recited above fully supported plaintiffs’ factual contentions and the jury’s acceptance of them. Í93 N.J.Super. at 117. 1986Super. at 117-20 .] The court below held that in respect of the punitive damages claim, the proofs recited above fully supported plaintiffs' factual contentions and the jury's acceptance of them. 193 N.J. | 1 | 1986–1986 |
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.