absence of any claim (New Jersey) · Go Syfert
← New Jersey issues

absence of any claim in New Jersey

17 New Jersey opinions name it 2 courts 1953–2025 3 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 (9)

CaseFollowedCited
Perini Corp. v. Greate Bay Hotel & Casino, Inc.green
nj · 1992 · cited in 1 New Jersey opinions naming this issue, 2025–2025
1 sentence

2025Indeed, Chief Justice Wilentz noted in his concurring opinion in Perini that the modification provision was “extremely limited.” Perini, 129 N.J. at 542 (Wilentz, C.J., concurring).

11
Great Atl. & Pac. Tea Co. v. Checchiogreen
njsuperctappdiv · 2000 · cited in 1 New Jersey opinions naming this issue, 2024–2024
1 sentence

2024Checchio, 335 N.J.

11
State v. Eversgreen
nj · 2003 · cited in 1 New Jersey opinions naming this issue, 2021–2021
1 sentence

2021The majority determined that (1) McQueen demonstrated a subjective expectation of privacy by “deliberately lowering his voice so an officer . . . would not overhear” his conversation with Allen-Brewer, (2) McQueen and Allen-Brewer’s “expectation of privacy was reasonable in the absence of any warning” that the call would be recorded, and (3) their expectation of privacy “should be one ‘that society is prepared to recognize as reasonable,’” quoting State v. Evers, 175 N.J. 355, 369 (2003).

11
Dutch Run-Mays Draft, LLC v. Wolf Block, LLPgreen
njsuperctappdiv · 2017 · cited in 1 New Jersey opinions naming this issue, 2019–2019
1 sentence

2019Super. 519, 533 (App. Div. 1996), in the absence of any challenge to the facts presented in opposition to the motion, see Dutch Run- Mays Draft, LLC v. Wolf Block, LLP, 450 N.J.

11
Hitaffer v. Argonne Co., Incgreen
cadc · 1950 · cited in 1 New Jersey opinions naming this issue, 1965–1965
2 sentences

1965See Hitaffer, supra, 183 F. 2d, at p. 817 ; Dini v. Naiditch, supra, 170 N. E. 2d, at p. 891 ; cf. Sims v. Sims, supra, 79 N. J.

1965See Hitaffer, supra, 183 F. 2d, at p. 817 ; Dini v. Naiditch, supra, 170 N. E. 2d, at p. 891 ; cf. Sims v. Sims, supra, 79 N. J.

11
King v. Pattersongreen
nj · 1887 · cited in 1 New Jersey opinions naming this issue, 1965–1965
1 sentence

1965The expressions "malicious" and "maliciously" as employed in the indictments under consideration connote what has been judicially recognized as "legal malice," which as an ingredient of an action for slander and libel "signifies nothing more than a wrongful act done intentionally, without just cause or excuse." Coleman v. Newark Morning Ledger Co., supra, 29 N.J., at page 373 , quoting from King v. Patterson, 49 N.J.L. 417, 419 ( E. & A. 1887); in other words, an absence of any privilege.

11
Huston v. Tribbettsgreen
ill · 1898 · cited in 1 New Jersey opinions naming this issue, 1962–1962
2 sentences

1962Illustrative of these situations, which we find have no direct bearing on the disposition of the matter now before the court, are: (a) those cases which hold that in the absence of any clause in the lease as to the payment of taxes or assessments, and where no special circumstances appear, the landlord is to bear them (see cases cited in Annotation, "Rights and duties between landlord and tenant in respect of taxes or assessments in the absence of stipulation in lease in that regard." 73 A.L.R. 824 , 825 (1931)); (b) allegedly similar situations existing between life tenants and remaindermen w

1962Illustrative of these situations, which we find have no direct bearing on the disposition of the matter now before the court, are: (a) those cases which hold that in the absence of any clause in the lease as to the payment of taxes or assessments, and where no special circumstances appear, the landlord is to bear them (see cases cited in Annotation, "Rights and duties between landlord and tenant in respect of taxes or assessments in the absence of stipulation in lease in that regard." 73 A.L.R. 824 , 825 (1931)); (b) allegedly similar situations existing between life tenants and remaindermen w

11
State v. Gladstonegreen
njsuperctappdiv · 1952 · cited in 1 New Jersey opinions naming this issue, 1959–1959
1 sentence

1959See State v. Gladstone, 17 N.J.

11
State v. Coopergreen
nj · 1952 · cited in 1 New Jersey opinions naming this issue, 1953–1953
1 sentence

1953Cf. State v. Cooper, 10 N.J. 532, 554 (1952).

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 (11)

CaseCitedYears
Espinal v. Arias green
njsuperctappdiv · 2007
1 sentence

2016The panel rejected the trial court’s determination that the jury instruction was unnecessary in light of the absence of any claim for medical expenses, noting that “it is exactly under those circumstances when this charge must be given.” Ibid.

12016–2016
State v. Dunbar green
nj · 1987
2 sentences

2006Id. at 89-90 , 527 A. 2d 1346 .

2006Id. at 89-90 , 527 A. 2d 1346 .

12006–2006
Marano v. Sabbio green
njsuperctappdiv · 1953
2 sentences

1998And see 21 Appleman, § 12094 at 28 ("A plaintiff need prove his case only by a preponderance of the evidence"); cf. 21A Appleman, supra, § 12423 at 215 ("To establish an oral contract of insurance, the proof must be clear and convincing") (citing Marano v. Sabbio, 26 N.J.Super. 201 , 97 A.2d 732 (App.Div.1953)).

1998And see 21 Appleman, § 12094 at 28 ("A plaintiff need prove his case only by a preponderance of the evidence"); cf. 21A Appleman, supra, § 12423 at 215 ("To establish an oral contract of insurance, the proof must be clear and convincing") (citing Marano v. Sabbio, 26 N.J.Super. 201 , 97 A.2d 732 (App.Div.1953)).

11998–1998
Robert J. Fletcher v. United States green
cadc · 1964
2 sentences

1992The jury may think it high courtroom drama of probative significance when a witness “takes the Fifth.” In reality the probative value of the event is almost entirely undercut by the absence of any requirement that the witness justify his fear of incrimination and by the fact that it is a form of evidence not subject to cross-examination. [Id. at 541-42 (citing Fletcher v. United States, 332 F.2d 724 (D.C.Cir.1964)).] The court characterized as an “obvious corollary” to those observations the rule prohibiting the witness from taking the stand merely to invoke the privilege.

1992Id. at 542 (citing Fletcher, supra, 332 F.2d 724 ).

11992–1992
New Jersey v. Packard-Bamberger & Co. green
nj · 1939
1 sentence

1987Id. at 188 .

11987–1987
People v. Collins red
cal · 1976
2 sentences

1987This Court held that the trial court’s instruction that the alternate juror should “ ‘continue with deliberations with the jury’ ” was “manifestly incorrect.” The suggestion that deliberations should continue unbroken was precisely the opposite of what should have been imparted — not only to the alternate but, of course, to the remaining eleven____ The absence of any instruction at all of the necessity to recommence deliberations constitutes plain error of such magnitude as to call for the reversal of defendant’s convictions---- The procedure followed in this case so neglects the zealously pro

1987This Court held that the trial court’s instruction that the alternate juror should “ ‘continue with deliberations with the jury’ ” was “manifestly incorrect.” The suggestion that deliberations should continue unbroken was precisely the opposite of what should have been imparted — not only to the alternate but, of course, to the remaining eleven____ The absence of any instruction at all of the necessity to recommence deliberations constitutes plain error of such magnitude as to call for the reversal of defendant’s convictions---- The procedure followed in this case so neglects the zealously pro

11987–1987
Parkinson v. J & S Tool Co. green
nj · 1973
1 sentence

1977Super. 446 (App. Div.), certif. den. 63 N.J. 328 (1973)), would relate to interpretation of a statute, an area as to which a stipulation is impermissible.

11977–1977
Continental Paper Co. v. Vil. Ridgefield Pk. green
njsuperctappdiv · 1973
1 sentence

1977Lastly, a concession that the assessment of other properties was relevant (in the absence of any claim of discrimination, cf. Continental Paper Co. v. Ridgefield Pk., 122 N.J.

11977–1977
Dini v. Naiditch green
ill · 1960
1 sentence

1965See Hitaffer, supra, 183 F. 2d, at p. 817 ; Dini v. Naiditch, supra, 170 N. E. 2d, at p. 891 ; cf. Sims v. Sims, supra, 79 N. J.

11965–1965
Sims v. Sims green
nj · 1910
1 sentence

1965See Hitaffer, supra, 183 F. 2 d, at p. 817; Dini v. Naiditch, supra, 170 N.E. 2 d, at p. 891; cf. Sims v. Sims, supra, 79 N.J.L., at p. 581 ; Pound, supra, 14 Mich. L.

11965–1965
Coleman v. Newark Morning Ledger Co. green
nj · 1959
1 sentence

1965The expressions "malicious" and "maliciously" as employed in the indictments under consideration connote what has been judicially recognized as "legal malice," which as an ingredient of an action for slander and libel "signifies nothing more than a wrongful act done intentionally, without just cause or excuse." Coleman v. Newark Morning Ledger Co., supra, 29 N.J., at page 373 , quoting from King v. Patterson, 49 N.J.L. 417, 419 ( E. & A. 1887); in other words, an absence of any privilege.

11965–1965

Where else courts name it

NY 158 (1876–2025) CA 109 (1884–2026) TX 48 (1908–2024) IL 45 (1899–2025) GA 42 (1889–2017) CT 39 (1937–2022) MA 28 (1872–2026) PA 28 (1827–2024) MO 24 (1893–2025) FL 22 (1919–2026) NJ 17 (1953–2025) LA 16 (1872–2021) OK 15 (1909–2018) OR 14 (1896–2022) NM 14 (1936–2025) MD 14 (1917–2019) MI 14 (1870–2026) OH 14 (1919–2026) KS 13 (1896–2009) WA 13 (1901–2014) IN 13 (1873–2005) KY 10 (1929–2015) DC 10 (1978–2026) UT 10 (1917–2024) IA 10 (1898–2019) WV 9 (1883–1998) NC 9 (1893–2018) TN 9 (1927–2015) MS 8 (1959–2014) VT 8 (1978–2025) CO 7 (1878–2009) MN 7 (1921–2014) AZ 7 (1970–2021) AL 7 (1902–2017) WI 6 (1880–2024) AR 6 (1944–2023) SD 5 (1894–2009) ME 5 (1984–2012) NV 5 (2016–2018) WY 5 (1899–2003) NE 4 (1922–1985) ND 4 (1903–2019) ID 4 (1905–1998) DE 4 (2006–2021) VA 3 (1999–2024) VI 2 (1979–2007) RI 2 (1966–1999) SC 2 (1985–2012) AK 2 (1977–1979) NH 2 (1971–2015) MT 2 (1985–1991)

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.

← Caselaw search · G Cite Topics · Brief Check