minority rule in New Jersey

20 New Jersey opinions name it 2 courts 1950–2009 0 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 (7)

Case	Followed	Cited
Equal Employment Opportunity Commission v. Premier Operator Services, Inc.green txnd · 2000 · cited in 1 New Jersey opinions naming this issue, 2001–2001 1 sentence 2001See EEOC v. Premier Operator Servs., Inc., 113 F.Supp. 2d 1066 (N.D.Texas 2000) (same); Saucedo v. Brothers Well Serv., Inc., 464 F.Supp. 919 (S.D.Texas 1979) (same).	1	1
Johnson Controls, Inc. v. Bowesgreen mass · 1980 · cited in 1 New Jersey opinions naming this issue, 2000–2000 2 sentences 2000And see, Johnson Controls, Inc. v. Bowes, 381 Mass. 278 , 409 N.E. 2d 185, 187 (1980) (also dealing with late notice), citing Cooper in support of its holding that an insurance company could deny coverage for non-compliance with a policy forfeiture provision only if the provision bore some relation to the loss, and referring to the minority rule as representing "a recent trend to eschew such technical forfeitures of insurance coverage unless the insurer has been materially prejudiced by virtue of late notification." In contrast to that reasoning, which I find compelling, I see little merit in 2000And see, Johnson Controls, Inc. v. Bowes, 381 Mass. 278 , 409 N.E. 2d 185, 187 (1980) (also dealing with late notice), citing Cooper in support of its holding that an insurance company could deny coverage for non-compliance with a policy forfeiture provision only if the provision bore some relation to the loss, and referring to the minority rule as representing "a recent trend to eschew such technical forfeitures of insurance coverage unless the insurer has been materially prejudiced by virtue of late notification." In contrast to that reasoning, which I find compelling, I see little merit in	1	1
Leasefirst v. Hartford Rexall Drugs, Inc.green wisctapp · 1992 · cited in 1 New Jersey opinions naming this issue, 2000–2000 2 sentences 2000High Life Sales Co. v. Brown-Forman Corp., 823 S.W. 2d 493, 497 (Mo.1992) [2] ; see also Leasefirst v. Hartford Rexall Drugs, Inc., 168 Wis. 2d 83 , 483 N.W. 2d 585 (Wis.Ct.App.), rev. den'd., 490 N.W. 2d 24 (Wis.1992). 2000High Life Sales Co. v. Brown-Forman Corp., 823 S.W. 2d 493, 497 (Mo.1992) [2] ; see also Leasefirst v. Hartford Rexall Drugs, Inc., 168 Wis. 2d 83 , 483 N.W. 2d 585 (Wis.Ct.App.), rev. den'd., 490 N.W. 2d 24 (Wis.1992).	1	1
High Life Sales Co. v. Brown-Forman Corp.green mo · 1992 · cited in 1 New Jersey opinions naming this issue, 2000–2000 1 sentence 2000High Life Sales Co. v. Brown-Forman Corp., 823 S.W. 2d 493, 497 (Mo.1992) [2] ; see also Leasefirst v. Hartford Rexall Drugs, Inc., 168 Wis. 2d 83 , 483 N.W. 2d 585 (Wis.Ct.App.), rev. den'd., 490 N.W. 2d 24 (Wis.1992).	1	1
cluster 450731green · 1985 · cited in 1 New Jersey opinions naming this issue, 1993–1993 1 sentence 1993Moreover, requiring the government to prove that each defendant agreed to commit personally two predicate acts would severely dilute the effectiveness of the RICO conspiracy remedy, and thwart Congress' objectives in enacting those statutes. [ United States v. Adams, supra, 759 F. 2d at 1116 (citations omitted).] Under the minority rule of the First and Second Circuits, a "mob boss" who is "intimately involved in the conspiracy, [but who] neither agreed to personally commit nor actually participated in the commission of the predicate crimes" would elude prosecution.	1	1
State v. Carrollgreen conn · 1871 · cited in 1 New Jersey opinions naming this issue, 1982–1982 1 sentence 1982In Jersey City, supra, at 27 the court, quoting from State v. Carroll, 38 Conn. 449, 471-472 (Sup.Ct.Err. 1871), adopted the following definition of de facto officers: An officer de facto is one whose acts, though not those of a lawful officer, the law, upon principles of policy and justice, will hold valid so far as they involve the interests of the public and third persons, where the duties of the office were exercised.	1	1
Ruckman v. Bergholzgreen nj · 1874 · cited in 1 New Jersey opinions naming this issue, 1956–1956 1 sentence 1956This represents a middle course between (on the one hand) the position expressed in the above minority rule, namely, that the appellant is obliged to establish that the error in fact did produce the verdict, and (on the other hand) the rule once asserted in this State ( Ruckman v. Bergholz, 37 N.J.L. 437, 441 ( E. & A. *12 1874)) that any error is ground for reversal, unless it is clear that the party complaining has not been injured thereby.	1	1

Distinguished, questioned or overruled (1)

Case	Negative	Cited
Ehlinger v. Stategreen iowa · 1976 · cited in 1 New Jersey opinions naming this issue, 2001–2001 1 sentence 2001But see Ehlinger v. State, 237 N.W. 2d 784, 792 (Iowa 1976) (Iowa follows the minority rule that shortened life expectancy caused by the injury may be used to reduce damages when determining loss of earning capacity).	1	1

Also cited on this issue (21)

Case	Cited	Years
Casteel v. Casteel green njsuperctappdiv · 1957 2 sentences 1979In the latter case our Supreme Court opted for the minority rule represented by such cases as Casteel v. Casteel, 45 N.J. 1978IV We believe that the minority rule, followed in Casteel, supra, and Mrowczynski, supra, is constitutionally sound and is better adapted to practical resolution of custody disputes than the changed circumstances rule.	2	1978–1979
Mrowczynski v. Mrowczynski green njsuperctappdiv · 1976 2 sentences 1979Super. 338 (App. Div. 1957), and Mrowczynski v. Mrowczynski, 142 N.J. 1978IV We believe that the minority rule, followed in Casteel, supra, and Mrowczynski, supra, is constitutionally sound and is better adapted to practical resolution of custody disputes than the changed circumstances rule.	2	1978–1979
Jones v. Medox, Inc. green dc · 1981 1 sentence 2009Ibid.	1	2009–2009
Saucedo v. Brothers Well Service, Inc. neutral txsd · 1979 1 sentence 2001See EEOC v. Premier Operator Servs., Inc., 113 F.Supp. 2d 1066 (N.D.Texas 2000) (same); Saucedo v. Brothers Well Serv., Inc., 464 F.Supp. 919 (S.D.Texas 1979) (same).	1	2001–2001
Foster Estates, Inc. v. Wolek green njsuperctappdiv · 1969 1 sentence 1995Foster Estates, Inc. v. Wolek, 105 N.J.	1	1995–1995
State v. Biegenwald green nj · 1984 2 sentences 1995We note that the Model Penal Code § 7.05 ... now appears to be the minority rule.” Id. at 639, 477 A.2d 318 . 1995We note that the Model Penal Code § 7.05 ... now appears to be the minority rule." Id. at 639, 477 A. 2d 318 .	1	1995–1995
Lindsay v. US Life Ins. Co. green njsuperctappdiv · 1963 2 sentences 1994In Lindsay v. United States Life Insurance Co., 80 N.J.Super. 465 , 194 A.2d 31 (1963), the policy contained a statutorily-required incontestable provision similar to that in section 10.2a here. 1994In Lindsay v. United States Life Insurance Co., 80 N.J.Super. 465 , 194 A.2d 31 (1963), the policy contained a statutorily-required incontestable provision similar to that in section 10.2a here.	1	1994–1994
Brown v. Thomas green wisctapp · 1985 2 sentences 1987Brown v. Thomas, 127 Wis. 2d 318 , 379 N.W. 2d 868 (Wis. Ct. App. 1985), held that the policy of the no-fault divorce law applies equally to broken engagements. 1987Brown v. Thomas, 127 Wis. 2d 318 , 379 N.W. 2d 868 (Wis. Ct. App. 1985), held that the policy of the no-fault divorce law applies equally to broken engagements.	1	1987–1987
Henningsen v. Bloomfield Motors, Inc. green nj · 1960 1 sentence 1975Since the landmark case of Henningsen v. Bloomfield Motors, Inc., 32 N.J. 358 (1960), New Jersey has been in the forefront of jurisdictions extending protection to consumers by imposing strict liability in tort.	1	1975–1975
Beaudette v. Frana green minn · 1969 2 sentences 1970Since his list was compiled, Utah has reverted to its earlier position of denying such suits, Rubalcava v. Gisseman, 14 Utah 2 d 344, 384 P. 2 d 389 (1963), overruling Taylor v. Patten, 2 Utah 2 d 404, 275 P. 2 d 696 (1954), and Minnesota has adopted the minority rule, Beaudette v. Frana, 285 Minn. 366 , 173 N.W. 2 d 416 485 (1969). 1970*Since his list was compiled, Utah has reverted to its earlier position of denying such suits, Rubalcava v. Gisseman, 14 Utah 2d 344 , 384 P. 2d 389 (1963), overruling Taylor v. Patten, 2 Utah 2d 404 , 275 P. 2d 696 (1954), and Minnesota has adopted the minority rule, Beaudette v. Frana, 285 Minn. 366 , 173 N. W. 2d 416 (1969).	1	1970–1970
Taylor v. Patten green utah · 1954 2 sentences 1970Since his list was compiled, Utah has reverted to its earlier position of denying such suits, Rubalcava v. Gisseman, 14 Utah 2d 344 , 384 P. 2d 389 (1963), overruling Taylor v. Patten, 2 Utah 2d 404 , 275 P. 2d 696 (1954), and Minnesota has adopted the minority rule, Beaudette v. Frana, 285 Minn. 366 , 173 N. W. 2d 416 (1969). 1970Since his list was compiled, Utah has reverted to its earlier position of denying such suits, Rubalcava v. Gisseman, 14 Utah 2d 344 , 384 P. 2d 389 (1963), overruling Taylor v. Patten, 2 Utah 2d 404 , 275 P. 2d 696 (1954), and Minnesota has adopted the minority rule, Beaudette v. Frana, 285 Minn. 366 , 173 N. W. 2d 416 (1969).	1	1970–1970
Rubalcava v. Gisseman green utah · 1963 2 sentences 1970Since his list was compiled, Utah has reverted to its earlier position of denying such suits, Rubalcava v. Gisseman, 14 Utah 2d 344 , 384 P. 2d 389 (1963), overruling Taylor v. Patten, 2 Utah 2d 404 , 275 P. 2d 696 (1954), and Minnesota has adopted the minority rule, Beaudette v. Frana, 285 Minn. 366 , 173 N. W. 2d 416 (1969). 1970Since his list was compiled, Utah has reverted to its earlier position of denying such suits, Rubalcava v. Gisseman, 14 Utah 2d 344 , 384 P. 2d 389 (1963), overruling Taylor v. Patten, 2 Utah 2d 404 , 275 P. 2d 696 (1954), and Minnesota has adopted the minority rule, Beaudette v. Frana, 285 Minn. 366 , 173 N. W. 2d 416 (1969).	1	1970–1970
Roberson v. Teel green ariz · 1929 1 sentence 1970Since his list was compiled, Utah has reverted to its earlier position of denying such suits, Rubalcava v. Gisseman, 14 Utah 2 d 344, 384 P. 2 d 389 (1963), overruling Taylor v. Patten, 2 Utah 2 d 404, 275 P. 2 d 696 (1954), and Minnesota has adopted the minority rule, Beaudette v. Frana, 285 Minn. 366 , 173 N.W. 2 d 416 *485 (1969).	1	1970–1970
American Surety Co. v. Heise green calctapp · 1955 2 sentences 1969The following cases, arising in. various contexts, are illustrative: Golden Gate Motor Transport Co. v. Great American Indemnity Co., 6 Cal. 2d 439 , 58 P. 2d 374 (1936); Ivey v. United National Indemnity Company, 259 F. 2d 205 (9th Cir. 1958) (applying California law); American Surety Co. of New York v. Heise, 136 Cal. App. 2d 689 , 289 P. 2d 103 (Dist. 1969The following cases, arising in. various contexts, are illustrative: Golden Gate Motor Transport Co. v. Great American Indemnity Co., 6 Cal. 2d 439 , 58 P. 2d 374 (1936); Ivey v. United National Indemnity Company, 259 F. 2d 205 (9th Cir. 1958) (applying California law); American Surety Co. of New York v. Heise, 136 Cal. App. 2d 689 , 289 P. 2d 103 (Dist.	1	1969–1969
Ivey v. United National Indemnity Company neutral ca9 · 1958 1 sentence 1969The following cases, arising in. various contexts, are illustrative: Golden Gate Motor Transport Co. v. Great American Indemnity Co., 6 Cal. 2d 439 , 58 P. 2d 374 (1936); Ivey v. United National Indemnity Company, 259 F. 2d 205 (9th Cir. 1958) (applying California law); American Surety Co. of New York v. Heise, 136 Cal. App. 2d 689 , 289 P. 2d 103 (Dist.	1	1969–1969
Golden Gate Motor Transport Co. v. Great American Indemnity Co. green cal · 1936 2 sentences 1969The following cases, arising in. various contexts, are illustrative: Golden Gate Motor Transport Co. v. Great American Indemnity Co., 6 Cal. 2d 439 , 58 P. 2d 374 (1936); Ivey v. United National Indemnity Company, 259 F. 2d 205 (9th Cir. 1958) (applying California law); American Surety Co. of New York v. Heise, 136 Cal. App. 2d 689 , 289 P. 2d 103 (Dist. 1969The following cases, arising in. various contexts, are illustrative: Golden Gate Motor Transport Co. v. Great American Indemnity Co., 6 Cal. 2d 439 , 58 P. 2d 374 (1936); Ivey v. United National Indemnity Company, 259 F. 2d 205 (9th Cir. 1958) (applying California law); American Surety Co. of New York v. Heise, 136 Cal. App. 2d 689 , 289 P. 2d 103 (Dist.	1	1969–1969
Predham v. Holfester green njsuperctappdiv · 1954 1 sentence 1968Judge Jayne in Predham v. Holfester, supra , recognized that the rule followed had been vigorously criticized and that it was the minority rule. 32 N.J.	1	1968–1968
Comstock v. Farnum green mass · 1806 1 sentence 1965Decisions typifying this minority rule can be found in Kellogg v. Ingersoll, 2 Mass. 96 ( Sup. Jud.	1	1965–1965
Siegel v. Shaw green mass · 1958 1 sentence 1965Ct. 1806); Butler v. Gale, 27 Vt. 737 ( Sup. Ct. 1855); Siegel v. Shaw, 337 Mass. 170 , 148 N.E. 2 d 393 ( Sup. Jud.	1	1965–1965
Union Bank of Chicago v. Gallup green ill · 1925 1 sentence 1965Ct. 1806); Butler v. Gale, 27 Vt. 737 ( Sup. Ct. 1855); Siegel v. Shaw, 337 Mass. 170 , 148 N.E. 2 d 393 ( Sup. Jud.	1	1965–1965
Gangloff v. Apfelbach neutral illappct · 1943 1 sentence 1950The cases so holding are collated and discussed in the ease of Gangloff v. Apfelbach, 319 Ill.	1	1950–1950

Where else courts name it

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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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