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

18 New Jersey opinions name it 2 courts 1977–2023 2 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 (12)

CaseFollowedCited
People v. Johnsongreen
nyappdiv · 1985 · cited in 2 New Jersey opinions naming this issue, 2010–2010
2 sentences

2010See also People v. Johnson, 115 A.D.2d 973 , 497 N.Y.S.2d 539, 539-40 (1985) (holding that “confidential communications between a Muslim brother acting as a spiritual advisor may, in some cases, be privileged” and that “[f]or communications to be privileged, they must have been made with the purpose of seeking religious counsel, advice, solace, absolution or ministration [and t]hey must also have been made with the intention that they remain confidential” (citations and internal quotation marks omitted)).

2010See also People v. Johnson, 115 A.D.2d 973 , 497 N.Y.S.2d 539, 539-40 (1985) (holding that “confidential communications between a Muslim brother acting as a spiritual advisor may, in some cases, be privileged” and that “[f]or communications to be privileged, they must have been made with the purpose of seeking religious counsel, advice, solace, absolution or ministration [and t]hey must also have been made with the intention that they remain confidential” (citations and internal quotation marks omitted)).

22
Docket No. 01-7941green
ca2 · 2003 · cited in 1 New Jersey opinions naming this issue, 2022–2022
1 sentence

2022Instead, it removed that language in its entirety and replaced it with a permissive "request." The amended paragraph (j) A-4567-18 10 reflects, at most, an "attempt[] to convince" and not an "attempt[] to coerce." Okwedy v. Molinari, 333 F.3d 339, 344 (2d Cir. 2003).

11
Janicky v. Point Bay Fuel, Inc.green
njsuperctappdiv · 2009 · cited in 1 New Jersey opinions naming this issue, 2018–2018
1 sentence

2018Super. 547 , 550-51 and n.3 (App. Div. 2011); Janicky v. Point Bay Fuel, Inc., 410 N.J.

11
Michael Conley, Jr. v. Mona Guerrero(076928)green
nj · 2017 · cited in 1 New Jersey opinions naming this issue, 2018–2018
1 sentence

2018Conley v. Guerrero, 228 N.J. 339, 346 (2017).

11
R.M. v. Supreme Court of New Jerseygreen
nj · 2005 · cited in 1 New Jersey opinions naming this issue, 2007–2007
1 sentence

2007Those rules apply in this appeal and to all ethics matters currently pending. [Id. at 231, 883 A.2d 369 .] In Nero v. Hyland, 76 N.J. 213, 226-27 , 386 A.2d 846 (1978), the New Jersey Supreme Court determined it was inappropriate to apply a balancing test to determine whether documents obtained or created by the Attorney General while investigating the character of gubernatorial appointments should be made public.

11
Matter of Veygreen
nj · 1991 · cited in 1 New Jersey opinions naming this issue, 2006–2006
2 sentences

2006See Matter of Vey, 124 N.J. 534, 544 , 591 A.2d 1333 (1991) (“When the absence of particular findings hinders or detracts from effective appellate review, the court may remand the matter to the agency for a clearer statement of findings and later reconsideration.”).

2006See Matter of Vey, 124 N.J. 534, 544 , 591 A.2d 1333 (1991) (“When the absence of particular findings hinders or detracts from effective appellate review, the court may remand the matter to the agency for a clearer statement of findings and later reconsideration.”).

11
Doe v. Supreme Court of Floridagreen
flsd · 1990 · cited in 1 New Jersey opinions naming this issue, 2005–2005
2 sentences

2005Thus, an equally compelling assertion can be made that the effect of [the confidentiality rule], along with the attendant threat that violators of the rule will be held in contempt of court, may actually serve to discourage the filing of complaints, surely a result not in harmony with the regulations’ intended purpose. [Id. at 985.] The court, citing Landmark, also rejected the State’s argument that protecting the reputation of attorneys was a compelling interest: “If maintaining the reputation of the judiciary as an abstract end is insufficient to justify encroaching upon the robust exercise

2005Thus, an equally compelling assertion can be made that the effect of [the confidentiality rule], along with the attendant threat that violators of the rule will be held in contempt of court, may actually serve to discourage the filing of complaints, surely a result not in harmony with the regulations' intended purpose. [ Id. at 985 .] The court, citing Landmark, also rejected the State's argument that protecting the reputation of attorneys was a compelling interest: "If maintaining the reputation of the judiciary as an abstract end is insufficient to justify encroaching upon the robust exercis

11
John James Mary James v. Cecil B. Jacobson, Jr., M.D. Reproductive Genetics Center, Limitedgreen
ca4 · 1993 · cited in 1 New Jersey opinions naming this issue, 1995–1995
1 sentence

1995Cf. Doe v. City of New York, 15 F. 3d 264 (2nd Cir.1994) (agency publicly disclosed the settlement terms of HIV infected plaintiff's discrimination claim in accordance with New York City law despite a confidentiality clause in the settlement agreement; court determined that under the agreement plaintiff had a right to confidentiality in his HIV status, and it did not "automatically become a public record when he filed his claim with the Commission and entered into the Conciliation Agreement"); James v. Jacobson, 6 F. 3d 233, 234-235 (4th Cir.1993) (plaintiffs allowed to proceed anonymously whe

11
UNITED STATES of America v. WESTINGHOUSE ELECTRIC CORPORATION, Appellantgreen
ca3 · 1980 · cited in 1 New Jersey opinions naming this issue, 1995–1995
1 sentence

1995Cf. Doe v. City of New York, 15 F. 3d 264 (2nd Cir.1994) (agency publicly disclosed the settlement terms of HIV infected plaintiff's discrimination claim in accordance with New York City law despite a confidentiality clause in the settlement agreement; court determined that under the agreement plaintiff had a right to confidentiality in his HIV status, and it did not "automatically become a public record when he filed his claim with the Commission and entered into the Conciliation Agreement"); James v. Jacobson, 6 F. 3d 233, 234-235 (4th Cir.1993) (plaintiffs allowed to proceed anonymously whe

11
Burka v. New York City Transit Authoritygreen
nysd · 1990 · cited in 1 New Jersey opinions naming this issue, 1993–1993
2 sentences

1993See, e.g., International Bhd. of Teamsters v. Dep’t of Transp., 932 F.2d 1292, 1299 (9th Cir.1991) (noting regulations “preclude the tests’ use for law enforcement purposes by protecting the confidentiality of test results”); Burka v. New York City Transit Auth., 739 F.Supp. 814, 828 (S.D.N.Y.1990) (noting that probable-cause standard governs criminal investigations and that enforcement of criminal code is not goal of drug-testing program); Amalgamated Transit Union, Local 993 v. City of Oklahoma City, 710 F.Supp. 1321, 1332 (W.D.Okl.1988) (highlighting that drug-test results “would not lead t

1993See, e.g., International Bhd. of Teamsters v. Dep't of Transp., 932 F. 2d 1292 , 1299 (9th Cir.1991) (noting regulations "preclude the tests' use for law enforcement purposes by protecting the confidentiality of test results"); Burka v. New York City *202 Transit Auth., 739 F. Supp. 814, 828 (S.D.N.Y. 1990) (noting that probable-cause standard governs criminal investigations and that enforcement of criminal code is not goal of drug-testing program); Amalgamated Transit Union, Local 993 v. City of Oklahoma City, 710 F. Supp. 1321, 1332 (W.D.Okl. 1988) (highlighting that drug-test results "would

11
United States Court of Appeals, Ninth Circuitgreen
ca9 · 1991 · cited in 1 New Jersey opinions naming this issue, 1993–1993
2 sentences

1993See, e.g., International Bhd. of Teamsters v. Dep’t of Transp., 932 F.2d 1292, 1299 (9th Cir.1991) (noting regulations “preclude the tests’ use for law enforcement purposes by protecting the confidentiality of test results”); Burka v. New York City Transit Auth., 739 F.Supp. 814, 828 (S.D.N.Y.1990) (noting that probable-cause standard governs criminal investigations and that enforcement of criminal code is not goal of drug-testing program); Amalgamated Transit Union, Local 993 v. City of Oklahoma City, 710 F.Supp. 1321, 1332 (W.D.Okl.1988) (highlighting that drug-test results “would not lead t

1993See, e.g., International Bhd. of Teamsters v. Dep't of Transp., 932 F. 2d 1292 , 1299 (9th Cir.1991) (noting regulations "preclude the tests' use for law enforcement purposes by protecting the confidentiality of test results"); Burka v. New York City *202 Transit Auth., 739 F. Supp. 814, 828 (S.D.N.Y. 1990) (noting that probable-cause standard governs criminal investigations and that enforcement of criminal code is not goal of drug-testing program); Amalgamated Transit Union, Local 993 v. City of Oklahoma City, 710 F. Supp. 1321, 1332 (W.D.Okl. 1988) (highlighting that drug-test results "would

11
Amalgamated Transit Union, Local 993 v. City of Oklahomagreen
okwd · 1988 · cited in 1 New Jersey opinions naming this issue, 1993–1993
2 sentences

1993See, e.g., International Bhd. of Teamsters v. Dep’t of Transp., 932 F.2d 1292, 1299 (9th Cir.1991) (noting regulations “preclude the tests’ use for law enforcement purposes by protecting the confidentiality of test results”); Burka v. New York City Transit Auth., 739 F.Supp. 814, 828 (S.D.N.Y.1990) (noting that probable-cause standard governs criminal investigations and that enforcement of criminal code is not goal of drug-testing program); Amalgamated Transit Union, Local 993 v. City of Oklahoma City, 710 F.Supp. 1321, 1332 (W.D.Okl.1988) (highlighting that drug-test results “would not lead t

1993See, e.g., International Bhd. of Teamsters v. Dep't of Transp., 932 F. 2d 1292 , 1299 (9th Cir.1991) (noting regulations "preclude the tests' use for law enforcement purposes by protecting the confidentiality of test results"); Burka v. New York City *202 Transit Auth., 739 F. Supp. 814, 828 (S.D.N.Y. 1990) (noting that probable-cause standard governs criminal investigations and that enforcement of criminal code is not goal of drug-testing program); Amalgamated Transit Union, Local 993 v. City of Oklahoma City, 710 F. Supp. 1321, 1332 (W.D.Okl. 1988) (highlighting that drug-test results "would

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 (14)

CaseCitedYears
Keddie v. Rutgers, State University green
nj · 1997
2 sentences

2023"When there is a confidentiality claim, the 'applicant's interest in disclosure is more closely scrutinized.'" Carter, 230 N.J. at 282 (quoting Keddie, 148 N.J. at 51 ).

2017When there is a confidentiality claim, the “applicant’s interest in disclosure is more closely scrutinized.” Keddie, supra, 148 N.J. at 51 , 689 A.2d 702 .

32017–2023
Loigman v. Kimmelman green
nj · 1986
2 sentences

2017With this in mind, courts consider whether the confidentiality claim is “premised upon a purpose which tends to advance or further a wholesome public interest or a legitimate private interest.” Loigman, supra, 102 N.J. at 112 , 505 A.2d 958 (quoting City of St.

2017With this in mind, courts consider whether the confidentiality claim is “premised upon a purpose which tends to advance or further a wholesome public interest or a legitimate private interest.” Loigman, supra, 102 N.J. at 112 , 505 A.2d 958 (quoting City of St.

32017–2023
New Jersey Firemen's Ass'n v. Doe green
nj · 2017
1 sentence

2023"When there is a confidentiality claim, the 'applicant's interest in disclosure is more closely scrutinized.'" Carter, 230 N.J. at 282 (quoting Keddie, 148 N.J. at 51 ).

12023–2023
Thompson v. New Jersey State Parole Bd. green
njsuperctappdiv · 1986
2 sentences

2019We also considered that "prisoners are entitled not only to reasonable standards implementing a confidentiality exception which is no broader than its lawful purpose requires, but also to good faith determinations, made pursuant to those standards, whether file materials are to be withheld." Id. at 123-24 . 2 N.J.A.C. 10A:71-2.1 was recodified to N.J.A.C. 10A:71-2.2.

2019A-0880-15T2 4 Although we decided N.J.A.C. 10A:71-2.1(c) was facially valid, id. at 124 , we formulated a procedure to "sufficiently protect the prisoner's due process rights with the least intrusion on the [Department's] legitimate concern for confidentiality," id. at 125-26 .

12019–2019
Whitfield v. BONANNO REAL ESTATE green
njsuperctappdiv · 2011
1 sentence

2018In 1988, W.W. and their then-attorney, Thomas Roth, and OSBNJ and its then-attorney, Edward F. Broderick, Jr., executed a settlement agreement and release,3 which contained the following confidentiality clause: [W.W.] and their attorney will keep confidential and not make public, or knowingly or negligently reveal to anyone, including, without limitation, any current, former or future student of Delbarton School or member . . . of their family, any information regarding [W.W.'s] claims against . . . [OSBNJ], or disclose any claim that is in any way related to this [s]ettlement [a]greement and

12018–2018
Matter of Rules Adoption Regarding Inmate-Therapist Conf. green
njsuperctappdiv · 1988
2 sentences

2007In construing the regulation using its plain meaning, as it is not ambiguous on its face, see State v. Hoffman, 149 N.J. 564, 578 , 695 A. 2d 236 (1997) (explaining principles of statutory interpretation), N.J.A.C. 10A:16-4.4 operates within the disclosure parameters deemed constitutionally permissible by us in In re Inmate-Therapist Confidentiality, supra, 224 N.J.Super. 252 , 540 A. 2d 212 .

2007In construing the regulation using its plain meaning, as it is not ambiguous on its face, see State v. Hoffman, 149 N.J. 564, 578 , 695 A. 2d 236 (1997) (explaining principles of statutory interpretation), N.J.A.C. 10A:16-4.4 operates within the disclosure parameters deemed constitutionally permissible by us in In re Inmate-Therapist Confidentiality, supra, 224 N.J.Super. 252 , 540 A. 2d 212 .

12007–2007
Nero v. Hyland green
nj · 1978
2 sentences

2007Those rules apply in this appeal and to all ethics matters currently pending. [Id. at 231, 883 A.2d 369 .] In Nero v. Hyland, 76 N.J. 213, 226-27 , 386 A.2d 846 (1978), the New Jersey Supreme Court determined it was inappropriate to apply a balancing test to determine whether documents obtained or created by the Attorney General while investigating the character of gubernatorial appointments should be made public.

2007Those rules apply in this appeal and to all ethics matters currently pending. [Id. at 231, 883 A.2d 369 .] In Nero v. Hyland, 76 N.J. 213, 226-27 , 386 A.2d 846 (1978), the New Jersey Supreme Court determined it was inappropriate to apply a balancing test to determine whether documents obtained or created by the Attorney General while investigating the character of gubernatorial appointments should be made public.

12007–2007
State v. Hoffman green
nj · 1997
2 sentences

2007In construing the regulation using its plain meaning, as it is not ambiguous on its face, see State v. Hoffman, 149 N.J. 564, 578 , 695 A. 2d 236 (1997) (explaining principles of statutory interpretation), N.J.A.C. 10A:16-4.4 operates within the disclosure parameters deemed constitutionally permissible by us in In re Inmate-Therapist Confidentiality, supra, 224 N.J.Super. 252 , 540 A. 2d 212 .

2007In construing the regulation using its plain meaning, as it is not ambiguous on its face, see State v. Hoffman, 149 N.J. 564, 578 , 695 A. 2d 236 (1997) (explaining principles of statutory interpretation), N.J.A.C. 10A:16-4.4 operates within the disclosure parameters deemed constitutionally permissible by us in In re Inmate-Therapist Confidentiality, supra, 224 N.J.Super. 252 , 540 A. 2d 212 .

12007–2007
Doe v. Blue Cross & Blue Shield of Rhode Island green
rid · 1992
1 sentence

1995Cf. Doe v. City of New York, 15 F. 3d 264 (2nd Cir.1994) (agency publicly disclosed the settlement terms of HIV infected plaintiff's discrimination claim in accordance with New York City law despite a confidentiality clause in the settlement agreement; court determined that under the agreement plaintiff had a right to confidentiality in his HIV status, and it did not "automatically become a public record when he filed his claim with the Commission and entered into the Conciliation Agreement"); James v. Jacobson, 6 F. 3d 233, 234-235 (4th Cir.1993) (plaintiffs allowed to proceed anonymously whe

11995–1995
Doe v. City of New York green
ca2 · 1994
2 sentences

1995Cf. Doe v. City of New York, 15 F. 3d 264 (2nd Cir.1994) (agency publicly disclosed the settlement terms of HIV infected plaintiff's discrimination claim in accordance with New York City law despite a confidentiality clause in the settlement agreement; court determined that under the agreement plaintiff had a right to confidentiality in his HIV status, and it did not "automatically become a public record when he filed his claim with the Commission and entered into the Conciliation Agreement"); James v. Jacobson, 6 F. 3d 233, 234-235 (4th Cir.1993) (plaintiffs allowed to proceed anonymously whe

1995The issue here is plaintiff's right to proceed anonymously, which was not directly implicated in Doe v. City of New York, supra, 15 F. 3d 264 , because there was a violation of a confidentiality agreement.

11995–1995
Matter of Hearing on Immunity for Ethics green
nj · 1984
2 sentences

1990Disclosure by any person of any information concerning a pending or completed investigation or proceeding, except as permitted by these rules, may subject that person to an action for contempt of the Supreme Court in addition to loss of any immunity provided under R. 1:20-11(b). [Emphasis added.] In In re Hearing on Immunity for Ethics Complainants, 96 N.J. 669 , 675 n. 3, 477 A. 2d 339 (1984), the Supreme Court said, "[t]he Rule [ R. 1:20-11b] explicitly allows a defamation suit based on a complainant's statement made in violation of the confidentiality requirement of Rule 1:20-10." Defendant

1990Disclosure by any person of any information concerning a pending or completed investigation or proceeding, except as permitted by these rules, may subject that person to an action for contempt of the Supreme Court in addition to loss of any immunity provided under R. 1:20-11(b). [Emphasis added.] In In re Hearing on Immunity for Ethics Complainants, 96 N.J. 669 , 675 n. 3, 477 A. 2d 339 (1984), the Supreme Court said, "[t]he Rule [ R. 1:20-11b] explicitly allows a defamation suit based on a complainant's statement made in violation of the confidentiality requirement of Rule 1:20-10." Defendant

11990–1990
State in Interest of JPB green
njsuperctappdiv · 1976
1 sentence

1986Guideline 5 emphasizes that a trust relationship based upon confidentiality is essential in order to effectuate meaningful rehabilitation [at 340, n. 1] *120 Also, in State In Interest of J.P.B., 143 N.J.

11986–1986
Stone v. Rosen green
fladistctapp · 1977
1 sentence

1984Rule 259(C) (Michie Supp. 1983); Stone v. Rosen, 348 So. 2d 387 (Fla. Dist.

11984–1984
State v. Leonardis green
nj · 1977
1 sentence

1977Guideline 5 emphasizes that a trust relationship based upon confidentiality is essential in order to effectuate meaningful rehabilitation. [2] See Leonardis II 73 N.J. at 383 wherein the court makes it clear that the review hearing is not to be a trial type proceeding but is to be brief and informal.

11977–1977

Statutes the citing opinions construe

NJ § N.J. Stat. § 47:1A-1 (4)

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

CA 58 (1970–2026) IL 30 (1980–2026) NY 25 (1979–2020) PA 19 (1986–2023) NJ 18 (1977–2023) TX 14 (1992–2023) FL 13 (1987–2012) WI 12 (1984–2023) IN 11 (1987–2019) WA 9 (1987–2026) OH 8 (2001–2023) KY 6 (1989–2012) MA 6 (1979–2016) IA 5 (1984–2016) AZ 4 (2001–2026) CO 4 (2004–2016) GA 4 (1998–2018) MI 4 (2003–2025) NC 3 (2006–2018) NH 3 (1981–1994) ME 3 (2006–2013) CT 3 (1989–2007) UT 3 (2013–2019) AK 3 (1993–2018) LA 3 (1995–2011) TN 3 (2000–2011) ID 2 (2018–2020) MO 2 (2016–2025) OR 2 (1997–2001) VT 2 (2016–2021) NM 2 (2018–2025) HI 2 (2004–2010) MD 2 (2016–2017) AL 2 (1995–2016) OK 2 (2000–2001) SC 2 (2008–2012) MN 2 (2007–2024)

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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