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21 New Jersey opinions name it 3 courts 1944–2023 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.
| Case | Followed | Cited |
|---|---|---|
Matter of Certain Amendmentsgreen2 sentences1997The rule shall not be effective for more than 120 days unless repromulgated in accordance with normal rule-making procedures. [Ibid, (emphasis added).] In re Certain Amendments, 133 N.J. 206 , 216, 627 A.2d 614 (1993), reversed an Appellate Division decision that found that the DEP had violated the emergency rule-making portion of the APA. 1997The rule shall not be effective for more than 120 days unless repromulgated in accordance with normal rule-making procedures. [Ibid, (emphasis added).] In re Certain Amendments, 133 N.J. 206 , 216, 627 A.2d 614 (1993), reversed an Appellate Division decision that found that the DEP had violated the emergency rule-making portion of the APA. | 2 | 2 |
Matter of Certain Amendmentsgreen2 sentences1997See also In re Certain Amendments, 258 N.J.Super. 290 , 609 A.2d 501 (1992). 1997See also In re Certain Amendments, 258 N.J.Super. 290 , 609 A.2d 501 (1992). | 1 | 3 |
Smith v. STATE, DEPT. OF TRANSP.green2 sentences2020Super. 430 (App. Div. 1977), the judge rejected plaintiff's contention that the low clearance of the Ridge Road overpass constituted an emergency condition that would otherwise warrant an emergency warning sign under A-2414-18T4 10 N.J.S.A. 59:4-4.6 In reaching his decision, the judge dismissed plaintiff's argument that the previous bridge strike "transformed this case into one where a sudden emergency was created," thereby imposing a duty on defendant "to place temporary emergency warning signs notifying [drivers] of low clearance." Quoting our decision in Smith, the judge instead observed: [ 1994Defendant cites, among other cases, Kolitch v. Lindedahl, 100 N.J. 485 , 497 A. 2d 183 (1985) (holding the public entity was immune for not warning of the existence of "vertical sag curve."); Smith v. State, Dep't of Transp., 247 N.J. | 1 | 2 |
Zirger v. General Accident Insurancegreen1 sentence2023Co., 144 N.J. 327, 330 (1996), we rejected respondents' argument that the present appeal was moot because the emergency rule expired on January 14, 2023. | 1 | 1 |
Worthington v. Fauvergreen1 sentence2023Concluding "the insurers t[ook] too narrow a view of the scope of a remediable emergency," the court held "it is not a necessary component of an 'emergency' that it be sudden or unforeseen." Ibid. (quoting Worthington v. Fauver, 88 N.J. 183, 195 (1982)). | 1 | 1 |
United States v. Sharpegreen2 sentences1991Super. 291 , 517 A. 2d 171 (App.Div. 1986) regarding the emergency doctrine. [15] "[W]e have noted that ... creative judge[s], engaged in post hoc evaluation[s] of police conduct can almost always imagine some alternative means by which the objectives of the police might have been accomplished." United States v. Sharpe, 470 U.S. 675, 686-687 , 105 S.Ct. 1568, 1575-1576 , 84 L.Ed. 2d 605, 616 (1985). 1991Super. 291 , 517 A. 2d 171 (App.Div. 1986) regarding the emergency doctrine. [15] "[W]e have noted that ... creative judge[s], engaged in post hoc evaluation[s] of police conduct can almost always imagine some alternative means by which the objectives of the police might have been accomplished." United States v. Sharpe, 470 U.S. 675, 686-687 , 105 S.Ct. 1568, 1575-1576 , 84 L.Ed. 2d 605, 616 (1985). | 1 | 1 |
City Ass'n of Supervisors & Administrators v. Board of Educationgreen1 sentence1989See Alboum v. Newark, 22 N.J. 571, 572 (1956); City Association of Supervisors v. Board of Education of Newark, 168 N.J. | 1 | 1 |
Alboum v. City of Newarkgreen1 sentence1989See Alboum v. Newark, 22 N.J. 571, 572 (1956); City Association of Supervisors v. Board of Education of Newark, 168 N.J. | 1 | 1 |
Wilson v. United Statesgreen2 sentences1988Cf. People v. King, 22 Cal.3d 12 , 148 Cal.Rptr. 409 , 582 P.2d 1000 (1978) (protection of self and others in an emergency a defense to possession of firearm by a felon); Wilson v. United States, 198 F.2d 299 (D.C.Cir.1952) (in prosecution for carrying a firearm without a license, defendant justified in obtaining a weapon for self-defense during pursuit by person attacking him). 1988Compare King and Wilson, supra, with cases cited in Harmon, 104 N.J. at 208 , which have rejected self-defense as a justification for violation of firearms regulatory offenses. | 1 | 1 |
Meta v. TOWNSHIP OF CHERRY HILL AND COUNTY OF CAMDENgreen2 sentences1988See Meta v. Township of Cherry Hill, 152 N.J.Super. 228, 234 (App.Div.1977). 1988See Meta v. Township of Cherry Hill, 152 N.J. | 1 | 1 |
State v. Harmongreen1 sentence1988Compare King and Wilson, supra, with cases cited in Harmon, 104 N.J. at 208 , which have rejected self-defense as a justification for violation of firearms regulatory offenses. | 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 |
|---|---|---|
Bergen v. KOPPENAL
green
2 sentences1994It should be noted, however, that a public entity’s liability for failure to provide such signals or devices must be measured against the standard of whether the entity’s action or inaction was “palpably unreasonable.” Bergen v. Koppenal, 52 N.J. 478, 480 , 246 A.2d 442 (1968). 1994It should be noted, however, that a public entity’s liability for failure to provide such signals or devices must be measured against the standard of whether the entity’s action or inaction was “palpably unreasonable.” Bergen v. Koppenal, 52 N.J. 478, 480 , 246 A.2d 442 (1968). | 4 | 1977–1994 |
Lance v. McGreevey
green
2 sentences2020The Court interpreted the Clause in Lance when it considered whether the State could “rely on borrowed funds to balance its annual budget.” 180 N.J. at 593 . 2020The Court interpreted the Appropriations Clause in Lance when it considered whether the State could “rely on borrowed funds to balance its annual budget.” 180 N.J. at 593 . | 1 | 2020–2020 |
Kolitch v. Lindedahl
green
2 sentences1994Defendant cites, among other cases, Kolitch v. Lindedahl, 100 N.J. 485 , 497 A. 2d 183 (1985) (holding the public entity was immune for not warning of the existence of "vertical sag curve."); Smith v. State, Dep't of Transp., 247 N.J. 1994Defendant cites, among other cases, Kolitch v. Lindedahl, 100 N.J. 485 , 497 A. 2d 183 (1985) (holding the public entity was immune for not warning of the existence of "vertical sag curve."); Smith v. State, Dep't of Transp., 247 N.J. | 1 | 1994–1994 |
Hoy v. Capelli
green
2 sentences1994In Hoy, supra, 48 N.J. 81 , 222 A.2d 649 , the City of Wildwood removed a defective traffic light that needed to be replaced. 1994In Hoy, supra, 48 N.J. 81 , 222 A.2d 649 , the City of Wildwood removed a defective traffic light that needed to be replaced. | 1 | 1994–1994 |
Matter of Njac 11: 1-20
green
1 sentence1994Super. 182 , 505 A. 2d 177 (App.Div. 1986), upheld the constitutionality of the Governor's certification of an insurance emergency and the Commissioner's emergency rule-making and adoption of the regulations. | 1 | 1994–1994 |
Mc Gowan v. Borough of Eatontown
green
2 sentences1992Thus, in McGowan v. Borough of Eatontown, 151 N.J.Super. 440 , 450, 376 A.2d 1327 (App.Div.1977), the unexpected presence of an artificially-induced icing condition warranted an emergency warning. 1992Thus, in McGowan v. Borough of Eatontown, 151 N.J.Super. 440 , 450, 376 A.2d 1327 (App.Div.1977), the unexpected presence of an artificially-induced icing condition warranted an emergency warning. | 1 | 1992–1992 |
Spin Co. v. Maryland Cas. Co.
green
1 sentence1991Co., 136 N.J. | 1 | 1991–1991 |
State v. Wright
green
1 sentence1991Super. 291 , 517 A. 2d 171 (App.Div. 1986) regarding the emergency doctrine. [15] "[W]e have noted that ... creative judge[s], engaged in post hoc evaluation[s] of police conduct can almost always imagine some alternative means by which the objectives of the police might have been accomplished." United States v. Sharpe, 470 U.S. 675, 686-687 , 105 S.Ct. 1568, 1575-1576 , 84 L.Ed. 2d 605, 616 (1985). | 1 | 1991–1991 |
Cady v. Dombrowski
green
2 sentences1991But `[t]he fact that the protection of the public might, in the abstract, have been accomplished by `less intrusive' means does not, in itself, render the search unreasonable.' 470 U.S. at 687 , 105 S.Ct. at 1576, 84 L.Ed. 2d at 616 , citing Cady v. Dombrowski, 413 U.S. 433, 447 , 93 S.Ct. 2523, 2531 , 37 L.Ed. 2d 706 (1973). 1991But `[t]he fact that the protection of the public might, in the abstract, have been accomplished by `less intrusive' means does not, in itself, render the search unreasonable.' 470 U.S. at 687 , 105 S.Ct. at 1576, 84 L.Ed. 2d at 616 , citing Cady v. Dombrowski, 413 U.S. 433, 447 , 93 S.Ct. 2523, 2531 , 37 L.Ed. 2d 706 (1973). | 1 | 1991–1991 |
Last Chance Development v. Kean
green
1 sentence1990Ibid. | 1 | 1990–1990 |
People v. King
green
2 sentences1988Cf. People v. King, 22 Cal.3d 12 , 148 Cal.Rptr. 409 , 582 P.2d 1000 (1978) (protection of self and others in an emergency a defense to possession of firearm by a felon); Wilson v. United States, 198 F.2d 299 (D.C.Cir.1952) (in prosecution for carrying a firearm without a license, defendant justified in obtaining a weapon for self-defense during pursuit by person attacking him). 1988Cf. People v. King, 22 Cal.3d 12 , 148 Cal.Rptr. 409 , 582 P.2d 1000 (1978) (protection of self and others in an emergency a defense to possession of firearm by a felon); Wilson v. United States, 198 F.2d 299 (D.C.Cir.1952) (in prosecution for carrying a firearm without a license, defendant justified in obtaining a weapon for self-defense during pursuit by person attacking him). | 1 | 1988–1988 |
Perry v. Borough of Swedesboro
green
1 sentence1986With the exception of our explanation as to the possible avoidance of the impact of Hoboken *493 Local No. 2 in the event of either a proper declaration of an emergency or a challenge to the Municipality's failure to declare an emergency, we affirm the decision of the Law Division substantially for the reasons set forth in the reported opinion appearing at 204 N.J. | 1 | 1986–1986 |
Inv. Mortgage v. Preakness Hills
neutral
1 sentence1944Cf. Investors Mortgage and Realty Co. v. Preakness Hills Realty Co., 133 N.J. | 1 | 1944–1944 |
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.