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

19 New Jersey opinions name it 2 courts 1991–2024 4 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 (14)

CaseFollowedCited
Daniel Tumpson v. James Farina (072813)green
nj · 2014 · cited in 4 New Jersey opinions naming this issue, 2018–2021
2 sentences

2018Cf. Blessing v. Freestone , 520 U.S. 329 , 340-41, 117 S.Ct. 1353 , 137 L.Ed.2d 569 (1997). [ Tumpson , 218 N.J. at 477 , 95 A.3d 210 (second and third alterations in original).] We note the Supreme Court has recently refined the three-part test outlined in Tumpson to determine whether a statute confers substantive rights for the purpose of establishing a CRA claim, holding, a court must determine: (1) whether, by enacting the statute, the Legislature intended to confer a right on an individual; (2) whether the right "is not so 'vague and amorphous' that its enforcement would strain judicial c

2018Cf. Blessing v. Freestone , 520 U.S. 329 , 340-41, 117 S.Ct. 1353 , 137 L.Ed.2d 569 (1997). [ Tumpson , 218 N.J. at 477 , 95 A.3d 210 (second and third alterations in original).] We note the Supreme Court has recently refined the three-part test outlined in Tumpson to determine whether a statute confers substantive rights for the purpose of establishing a CRA claim, holding, a court must determine: (1) whether, by enacting the statute, the Legislature intended to confer a right on an individual; (2) whether the right "is not so 'vague and amorphous' that its enforcement would strain judicial c

34
Crescent Pk. Tenants Assoc. v. Realty Eq. Corp. of NYgreen
nj · 1971 · cited in 2 New Jersey opinions naming this issue, 2019–2019
2 sentences

2019We begin with the observation that plaintiffs did not need to assert a substantive, individual civil right in order to have standing to file this lawsuit. "[T]he standing of a taxpayer to attack illegal disbursements of public funds or other illegal official action has been long and firmly established." Crescent Park Tenants Ass'n v. Realty Equities Corp. of N.Y. , 58 N.J. 98 , 102, 275 A.2d 433 (1971).

2019We begin with the observation that plaintiffs did not need to assert a substantive, individual civil right in order to have standing to file this lawsuit. "[T]he standing of a taxpayer to attack illegal disbursements of public funds or other illegal official action has been long and firmly established." Crescent Park Tenants Ass'n v. Realty Equities Corp. of N.Y. , 58 N.J. 98 , 102, 275 A.2d 433 (1971).

12
Blessing v. Freestonegreen
scotus · 1997 · cited in 2 New Jersey opinions naming this issue, 2018–2018
2 sentences

2018Cf. Blessing v. Freestone , 520 U.S. 329 , 340-41, 117 S.Ct. 1353 , 137 L.Ed.2d 569 (1997). [ Tumpson , 218 N.J. at 477 , 95 A.3d 210 (second and third alterations in original).] We note the Supreme Court has recently refined the three-part test outlined in Tumpson to determine whether a statute confers substantive rights for the purpose of establishing a CRA claim, holding, a court must determine: (1) whether, by enacting the statute, the Legislature intended to confer a right on an individual; (2) whether the right "is not so 'vague and amorphous' that its enforcement would strain judicial c

2018Cf. Blessing v. Freestone , 520 U.S. 329 , 340-41, 117 S.Ct. 1353 , 137 L.Ed.2d 569 (1997). [ Tumpson , 218 N.J. at 477 , 95 A.3d 210 (second and third alterations in original).] We note the Supreme Court has recently refined the three-part test outlined in Tumpson to determine whether a statute confers substantive rights for the purpose of establishing a CRA claim, holding, a court must determine: (1) whether, by enacting the statute, the Legislature intended to confer a right on an individual; (2) whether the right "is not so 'vague and amorphous' that its enforcement would strain judicial c

12
Gonzaga University v. Doegreen
scotus · 2002 · cited in 2 New Jersey opinions naming this issue, 2018–2018
2 sentences

2018Cf. Blessing v. Freestone , 520 U.S. 329 , 340-41, 117 S.Ct. 1353 , 137 L.Ed.2d 569 (1997). [ Tumpson , 218 N.J. at 477 , 95 A.3d 210 (second and third alterations in original).] We note the Supreme Court has recently refined the three-part test outlined in Tumpson to determine whether a statute confers substantive rights for the purpose of establishing a CRA claim, holding, a court must determine: (1) whether, by enacting the statute, the Legislature intended to confer a right on an individual; (2) whether the right "is not so 'vague and amorphous' that its enforcement would strain judicial c

2018Cf. Blessing v. Freestone , 520 U.S. 329 , 340-41, 117 S.Ct. 1353 , 137 L.Ed.2d 569 (1997). [ Tumpson , 218 N.J. at 477 , 95 A.3d 210 (second and third alterations in original).] We note the Supreme Court has recently refined the three-part test outlined in Tumpson to determine whether a statute confers substantive rights for the purpose of establishing a CRA claim, holding, a court must determine: (1) whether, by enacting the statute, the Legislature intended to confer a right on an individual; (2) whether the right "is not so 'vague and amorphous' that its enforcement would strain judicial c

12
Rac v. Pjs, Jr.green
nj · 2007 · cited in 1 New Jersey opinions naming this issue, 2022–2022
1 sentence

2022Super. at 489 (holding that the cause of action accrued on the date when the "alleged harm in plaintiffs' CRA claim" occurred); R.A.C. v. P.J.S., Jr., 192 N.J. 81, 97 (2007) ("[A] statute of limitations 'generally accrues from the date of the negligent act or omission.'" (quoting Martinez v. Cooper Hosp.-Univ.

11
Suppan v. Dadonnagreen
ca3 · 2000 · cited in 1 New Jersey opinions naming this issue, 2021–2021
2 sentences

2021Morillo, 222 N.J. at 116 ; see Suppan, 203 F.3d at 233 .

2021Morillo, 222 N.J. at 116 ; see Suppan, 203 F.3d at 233 .

11
Besler v. BOARD OF EDUC. OF W. WINDSORgreen
nj · 2010 · cited in 1 New Jersey opinions naming this issue, 2021–2021
1 sentence

2021See Besler, 201 N.J. at 565-66 .

11
Loigman v. TP. COMMITTEE OF MIDDLETOWNgreen
nj · 2006 · cited in 1 New Jersey opinions naming this issue, 2020–2020
1 sentence

2020Comm., 185 N.J. 566, 591 (2006) (quoting Pembaur v. City of Cincinnati, 475 U.S. 469, 481-82 (1986)).] Here, to support her CRA claim, plaintiff relies heavily on Daniels's deposition testimony.

11
Pembaur v. City of Cincinnatigreen
scotus · 1986 · cited in 1 New Jersey opinions naming this issue, 2020–2020
1 sentence

2020Comm., 185 N.J. 566, 591 (2006) (quoting Pembaur v. City of Cincinnati, 475 U.S. 469, 481-82 (1986)).] Here, to support her CRA claim, plaintiff relies heavily on Daniels's deposition testimony.

11
Irvin B. Beaver v. Magellan Health Services, Inc.green
njsuperctappdiv · 2013 · cited in 1 New Jersey opinions naming this issue, 2020–2020
2 sentences

2020In Beaver v. Magellan Health Servs., Inc., 433 N.J.

2020In Beaver v. Magellan Health Servs., Inc., 433 N.J.

11
Rezem Family Associates, LP v. Borough of Millstonegreen
njsuperctappdiv · 2011 · cited in 1 New Jersey opinions naming this issue, 2019–2019
1 sentence

2019Super. at 468 (citing Rezem Family Assocs., LP v. Borough of Millstone, 423 N.J.

11
City of Los Angeles v. Hellergreen
scotus · 1986 · cited in 1 New Jersey opinions naming this issue, 2019–2019
1 sentence

2019"If a person has suffered no constitutional injury at the hands of the individual police officer, the fact that the departmental regulations might have authorized the use of constitutionally excessive force is quite beside the point." City of Los Angeles v. Heller, 475 U.S. 796, 799 (1986).

11
Luis Perez v. Zagami, LLC (071358)green
nj · 2014 · cited in 1 New Jersey opinions naming this issue, 2018–2018
1 sentence

2018The CRA protects against the deprivation of or interference with civil rights by a person or entity "acting under color of law." N.J.S.A. 10:6-2; see Perez v. Zagami, LLC, 218 N.J. 202, 217 (2014).

11
Lorraine Gormley v. Latanya Wood-El (069717)green
nj · 2014 · cited in 1 New Jersey opinions naming this issue, 2018–2018
2 sentences

2018The CRA "is a means of vindicating substantive rights and is not a source of rights itself." Gormley v. Wood- El, 218 N.J. 72, 98 (2014).

2018The CRA "is a means of vindicating substantive rights and is not a source of rights itself." Gormley v. Wood- El, 218 N.J. 72, 98 (2014).

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 (10)

CaseCitedYears
Filgueiras v. Newark Pub. Schools green
njsuperctappdiv · 2012
2 sentences

2024"The elements of a substantive due process claim under the [NJCRA] are the same as those [for a federal CRA claim] under § 1983." Filgueiras, 426 N.J.

2019"The elements of a substantive due process claim under the [NJCRA] are the same as those [for a federal CRA claim] under § 1983." Filgueiras, 426 N.J.

22019–2024
Eric Morillo v. Monmouth County Sheriff's green
nj · 2015
2 sentences

2021Morillo, 222 N.J. at 116 ; see Suppan, 203 F.3d at 233 .

2021Morillo, 222 N.J. at 116 ; see Suppan, 203 F.3d at 233 .

12021–2021
Owens v. Feigin green
nj · 2008
2 sentences

2020The Legislature adopted the CRA "for the broad purpose of assuring a state law cause of action for violations of state and federal constitutional rights and to fill any gaps in state statutory anti-discrimination protection." Owens, 194 N.J. at 611 .

2020The Legislature adopted the CRA "for the broad purpose of assuring a state law cause of action for violations of state and federal constitutional rights and to fill any gaps in state statutory anti-discrimination protection." Owens, 194 N.J. at 611 .

12020–2020
Strahan v. Strahan green
njsuperctappdiv · 2008
1 sentence

2020For the purposes of the CRA, a "contractor" includes "a person engaged in the business of making or selling home improvements." Ibid.

12020–2020
Secure Heritage, Inc. v. City of Cape May green
njsuperctappdiv · 2003
1 sentence

2019Super. at 310, 825 A.2d 534 (declining to read Slocum as "requir[ing] a municipality to maintain a separate account for beach tag revenue in all cases" provided the municipality has an appropriate accounting system in place for its general fund). 10 VII Next, we address the CRA issue and plaintiffs' claim for counsel fees.

12019–2019
Devine v. Mantua Tp. green
njsuperctappdiv · 1953
1 sentence

2018Super. 299 , 100 A.2d 563 (Law Div. 1953), and concluded that the fees being charged by the municipalities were reasonably "relate[d] to that regulation and [was] not being utilized as a tax revenue." He turned to plaintiffs' CRA claim and found that since the fees paid were for regulatory purposes, there was no taking in violation of their constitutional rights. 11 Brody and O'Hara filed a motion for reconsideration.

12018–2018
Malley v. Briggs green
scotus · 1986
2 sentences

2017Plaintiff's allegation that the Brielle officers acted with malice "is not sufficient to defeat immunity if [the officers] acted in an objectively reasonable manner." Malley, supra, 475 U.S. at 341 , 106 S. Ct. at 1095 , 89 L.

2017Plaintiff's allegation that the Brielle officers acted with malice "is not sufficient to defeat immunity if [the officers] acted in an objectively reasonable manner." Malley, supra, 475 U.S. at 341 , 106 S. Ct. at 1095 , 89 L.

12017–2017
Owens v. Feigin green
njsuperctappdiv · 2007
2 sentences

2008Owens v. Feigin, 394 N.J.Super. 85, 97 , 925 A.2d 106 (2007).

2008Owens v. Feigin, 394 N.J.Super. 85, 97 , 925 A.2d 106 (2007).

12008–2008
Owens v. Feigin neutral
nj · 2006
2 sentences

2008That motion was denied by an Appellate Division panel, but this Court subsequently granted the motion and summarily remanded the matter to the Appellate Division for consideration on the merits. 188 N.J. 344 , 907 A.2d 1006 (2006).

2008That motion was denied by an Appellate Division panel, but this Court subsequently granted the motion and summarily remanded the matter to the Appellate Division for consideration on the merits. 188 N.J. 344 , 907 A.2d 1006 (2006).

12008–2008
Watkins v. Resorts International Hotel & Casino Inc. green
nj · 1991
2 sentences

1991NOTES [1] After this court rendered its oral decision, it learned of the opinion in Watkins v. Resort International, 124 N.J. 398 , 591 A. 2d 592 (1991).

1991NOTES [1] After this court rendered its oral decision, it learned of the opinion in Watkins v. Resort International, 124 N.J. 398 , 591 A. 2d 592 (1991).

11991–1991

Statutes the citing opinions construe

NJ § N.J. Stat. § 10:6-2 (11) NJ § N.J. Stat. § 10:6-1 (10) USC § 42u.s.c.1983 (9) NJ § N.J. Stat. § 34:19-3 (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

NJ 19 (1991–2024) MI 13 (2001–2025) WA 8 (2002–2019) CO 2 (2000–2015)

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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