expansion doctrine (New Jersey) · Go Syfert
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expansion doctrine in New Jersey

17 New Jersey opinions name it 2 courts 1951–2026 5 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 (11)

CaseFollowedCited
State v. Vincentygreen
nj · 2019 · cited in 3 New Jersey opinions naming this issue, 2022–2022
2 sentences

2022See Vincenty, 237 N.J. at 132-35 ; A.G.D., 178 N.J. at 68-69 .

2022See Vincenty, 237 N.J. at 132-35 ; A.G.D., 178 N.J. at 68-69 .

33
Toogood v. St. Andrews at Valley Brook Condominium Ass'ngreen
njsuperctappdiv · 1998 · cited in 1 New Jersey opinions naming this issue, 2026–2026
2 sentences

2026Id. at 425-26 .

2026Id. at 425-26.

11
State v. Terrence Miller (068558)green
nj · 2013 · cited in 1 New Jersey opinions naming this issue, 2023–2023
1 sentence

2023See also State v. Miller, 216 N.J. 40, 61-62 (2013) (determining there was "no authority in this Court for the expansion of the presumption of prejudice beyond the narrow parameters set in Cronic").

11
Riley v. Keenangreen
njsuperctappdiv · 2009 · cited in 1 New Jersey opinions naming this issue, 2019–2019
1 sentence

2019Riley v. Keenan, 406 N.J.

11
In Re the Estate of Vaydagreen
nj · 2005 · cited in 1 New Jersey opinions naming this issue, 2014–2014
1 sentence

2014The Court subsequently explained the expansion of this exception to the American Rule as having its "focus on the recovery of attorneys' fees as damages directly and proximately arising from the attorney's breach of fiduciary duty to the plaintiff." Estate of Vayda, supra, 184 N.J. at 122 (emphasis added).

11
In Re the Estate of Stockdalegreen
nj · 2008 · cited in 1 New Jersey opinions naming this issue, 2014–2014
1 sentence

2014In In re Estate of Stockdale, 196 N.J. 275, 307 (2008), 60 A-0387-11T1 the Court described its holding in Packard-Bamberger as permitting the recovery of counsel fees "in claims against attorneys who intentionally violate their fiduciary duties[.]" (Citing Packard-Bamberger, supra, 167 N.J. at 443 ).

11
Enmund v. Floridagreen
scotus · 1982 · cited in 1 New Jersey opinions naming this issue, 1987–1987
2 sentences

1987The focus must be on his culpability, not on that of those who committed the robbery and shot the victims, for we insist on "individualized consideration as a constitutional requirement in imposing the death sentence".... [ Id. at 798 , 102 S.Ct. at 3377, 73 L.Ed. 2d at 1152 (citation omitted).] [6] Given the Court's expansion of the requirement of individualization, and given the tendency of individualized sentencing toward arbitrariness, it is legitimate to question whether the Court has been able to vindicate the polar imperative of uniformity.

1987The focus must be on his culpability, not on that of those who committed the robbery and shot the victims, for we insist on “individualized consideration as a constitutional requirement in imposing the death sentence”____ [Id. at 798, 102 S.Ct. at 3377, 73 L.Ed.2d at 1152 (citation omitted).] 6 Given the Court’s expansion of the requirement of individualization, and given the tendency of individualized sentencing toward arbitrariness, it is legitimate to question whether the Court has been able to vindicate the polar imperative of uniformity.

11
ZeBarth v. Swedish Hospital Medical Centergreen
wash · 1972 · cited in 1 New Jersey opinions naming this issue, 1984–1984
2 sentences

1984Compare an earlier case, Dietze v. King, 184 F.Supp. 944, 946 (E.D.Va.1960) (effects of radiation therapy not within common knowledge) with a later decision, ZeBarth v. Swedish Medical Center, 81 Wash.2d 12, 20 , 499 P.2d 1, 7 (1972) (“high voltage radiation in the treatment of cancer has been widely enough and long enough employed in this country to allow the jury to find that, within the experience and observation of mankind, myelopathy or paralysis ordinarily will not result from its use ____”); Dahlquist, “Common Knowledge in Medical Malpractice Litigation: A Diagnosis and Prescription,” 1

1984Compare an earlier case, Dietze v. King, 184 F.Supp. 944, 946 (E.D.Va.1960) (effects of radiation therapy not within common knowledge) with a later decision, ZeBarth v. Swedish Medical Center, 81 Wash.2d 12, 20 , 499 P.2d 1, 7 (1972) (“high voltage radiation in the treatment of cancer has been widely enough and long enough employed in this country to allow the jury to find that, within the experience and observation of mankind, myelopathy or paralysis ordinarily will not result from its use ____”); Dahlquist, “Common Knowledge in Medical Malpractice Litigation: A Diagnosis and Prescription,” 1

11
Dietze v. Kinggreen
vaed · 1960 · cited in 1 New Jersey opinions naming this issue, 1984–1984
2 sentences

1984Compare an earlier case, Dietze v. King, 184 F.Supp. 944, 946 (E.D.Va.1960) (effects of radiation therapy not within common knowledge) with a later decision, ZeBarth v. Swedish Medical Center, 81 Wash.2d 12, 20 , 499 P.2d 1, 7 (1972) (“high voltage radiation in the treatment of cancer has been widely enough and long enough employed in this country to allow the jury to find that, within the experience and observation of mankind, myelopathy or paralysis ordinarily will not result from its use ____”); Dahlquist, “Common Knowledge in Medical Malpractice Litigation: A Diagnosis and Prescription,” 1

1984Compare an earlier case, Dietze v. King, 184 F. Supp. 944, 946 (E.D.Va. 1960) (effects of radiation therapy not within common knowledge) with a later decision, ZeBarth v. Swedish Medical Center, 81 Wash. 2d 12, 20 , 499 P. 2d 1, 7 (1972) ("high voltage radiation in the treatment of cancer has been widely enough and long enough employed in this country to allow the jury to find that, within the experience and observation of mankind, myelopathy or paralysis ordinarily will not result from its use...."); Dahlquist, "Common Knowledge in Medical Malpractice Litigation: A Diagnosis and Prescription,

11
Beshada v. Johns-Manville Products Corp.green
nj · 1982 · cited in 1 New Jersey opinions naming this issue, 1983–1983
1 sentence

1983Beshada v. Johns-Manville Corp., 90 N.J. 191, 205-206 (1982), recently discussed "risk spreading" and "accident avoidance" as reasons justifying the expansion of the doctrine of strict liability for injuries caused by consumer products.

11
Dwinell-Wright Co. v. White House Milk Co.green
ca2 · 1943 · cited in 1 New Jersey opinions naming this issue, 1959–1959
1 sentence

1959The safer view is suggested in Dwinell-Wright Co. v. White House Milk Co., Inc., 132 F. 2d 822, 825 (2 Cir. 1943), that “equity does not seek for general principles, but weighs the opposed interests in the scales of conscience and fair dealing.” We need not consider in academic style whether good faith would be a makeweight in the appraisal of plaintiff’s main case or of the defense of laches, *461 see 3 Restatement of Torts (1938), § 717, comment (a), at p. 566, for the reason that we find there was a conscious appropriation of plaintiff’s symbol.

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 (9)

CaseCitedYears
State v. AGD green
nj · 2003
2 sentences

2022See Vincenty, 237 N.J. at 132-35 ; A.G.D., 178 N.J. at 68-69 .

2022See Vincenty, 237 N.J. at 132-35 ; A.G.D., 178 N.J. at 68-69 .

32022–2022
Standard Oil Co. v. City of Lincoln green
scotus · 1927
2 sentences

1979In Yaselli v. Goff, 275 U. S. 503 , 48 S. Ct. 155 , 72 L.

1979In Yaselli v. Goff, 275 U. S. 503 , 48 S. Ct. 155 , 72 L.

21979–1979
Yaselli v. Goff green
scotus · 1927
2 sentences

1979In Yaselli v. Goff, 275 U. S. 503 , 48 S. Ct. 155 , 72 L.

1979In Yaselli v. Goff, 275 U.S. 503 , 48 S.Ct. 155 , 72 L.Ed. 395 (1927), aff'g mem., 12 F. 2d 396 (3 Cir.1926), the court summarily affirmed the Court of Appeal's grant of immunity to federal prosecutors.

21979–1979
State v. Dennis green
nj · 2005
2 sentences

2013Indeed, in State v. Dennis, 185 N.J. 300, 301-02 , 885 A.2d 429 (2005), cert, denied, 547 U.S. 1045 , 126 S.Ct. 1629 , 164 L.Ed.2d 342 (2006), this Court recognized a defendant’s right to counsel at his probable cause hearing, but it declined to presume prejudice when the defendant was unrepresented by counsel at such a hearing. 6 There is, in short, no authority in this Court for the expansion of the presumption of prejudice beyond the narrow parameters set in Cronic .

2013Indeed, in State v. Dennis, 185 N.J. 300, 301-02 , 885 A.2d 429 (2005), cert, denied, 547 U.S. 1045 , 126 S.Ct. 1629 , 164 L.Ed.2d 342 (2006), this Court recognized a defendant’s right to counsel at his probable cause hearing, but it declined to presume prejudice when the defendant was unrepresented by counsel at such a hearing. 6 There is, in short, no authority in this Court for the expansion of the presumption of prejudice beyond the narrow parameters set in Cronic .

12013–2013
Hatfield v. Max Rouse & Sons Northwest green
idaho · 1980
2 sentences

1989These considerations account for the expansion of the rule herewith to include evidence of conduct or statements made in compromise negotiations, as well as the offer or completed compromise itself. [Fed.Evid.R. 408, Advisory Committee’s Notes] In Hatfield v. Max Rouse & Sons Northwest, 100 Idaho 840 , 606 P.2d 944 (Sup.Ct.1980), the Idaho Supreme Court stated: [t]he position that evidence of such [compromise] offers should not be admissible ... proceeds upon one of two theories____ [T]he first simply denies the relevance of such offers as bearing on the issue of liability.

1989These considerations account for the expansion of the rule herewith to include evidence of conduct or statements made in compromise negotiations, as well as the offer or completed compromise itself. [Fed.Evid.R. 408, Advisory Committee’s Notes] In Hatfield v. Max Rouse & Sons Northwest, 100 Idaho 840 , 606 P.2d 944 (Sup.Ct.1980), the Idaho Supreme Court stated: [t]he position that evidence of such [compromise] offers should not be admissible ... proceeds upon one of two theories____ [T]he first simply denies the relevance of such offers as bearing on the issue of liability.

11989–1989
Gregg v. Georgia green
scotus · 1976
2 sentences

1987In Gregg v. Georgia, supra, 428 U.S. 153 , 96 S.Ct. 2909 , 49 L.Ed. 2d 859 , the Court relied primarily upon two aspects of the Georgia statute as guarantors of uniformity in capital sentencing: the requirements that the jury “find a statutory aggravating circumstance before recommending a sentence of death,” id. at 197, 96 S.Ct. at 2936, 49 L.Ed.2d at 888, 7 and that “the Supreme Court of Georgia compareQ each death sentence with the sentences imposed on similarly situated defendants to ensure that the sentence of death in a particular case is not disproportionate.” Id. at 198, 96 S.Ct. at 29

1987In Gregg v. Georgia, supra, 428 U.S. 153 , 96 S.Ct. 2909 , 49 L.Ed. 2d 859 , the Court relied primarily upon two aspects of the Georgia statute as guarantors of uniformity in capital sentencing: the requirements that the jury “find a statutory aggravating circumstance before recommending a sentence of death,” id. at 197, 96 S.Ct. at 2936, 49 L.Ed.2d at 888, 7 and that “the Supreme Court of Georgia compareQ each death sentence with the sentences imposed on similarly situated defendants to ensure that the sentence of death in a particular case is not disproportionate.” Id. at 198, 96 S.Ct. at 29

11987–1987
AMG Associates v. Township of Springfield green
nj · 1974
1 sentence

1980Associates v. Springfield Tp., 65 N.J. 101 (1974).

11980–1980
Yaselli v. Goff green
ca2 · 1926
1 sentence

1979In Yaselli v. Goff, 275 U.S. 503 , 48 S.Ct. 155 , 72 L.Ed. 395 (1927), aff'g mem., 12 F. 2d 396 (3 Cir.1926), the court summarily affirmed the Court of Appeal's grant of immunity to federal prosecutors.

11979–1979
Board of Chosen Freeholders v. Woodcliff Land Improvement Co. neutral
nj · 1907
1 sentence

1951The basic rationalism underlying this class of cases finds expression in the decision in Freeholders of Hudson v. Woodcliff Land Co., 74 N.J.L. 355 ( Sup. Ct. 1907).

11951–1951

Statutes the citing opinions construe

NJ § N.J. Stat. § 2C:43-7.2 (4) NJ § N.J. Stat. § 2A:81-17.3 (3) NJ § N.J. Stat. § 2A:84A-19 (3) NJ § N.J. Stat. § 2B:12-21 (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 17 (1951–2026) CA 14 (1972–2026) IL 11 (1977–2025) NY 10 (1943–2021) TX 8 (1977–2022) WA 6 (2010–2023) PA 6 (1995–2025) FL 6 (1962–2018) TN 5 (1927–2022) MI 5 (1975–2023) AL 5 (1914–2011) SC 4 (2005–2018) NH 4 (1988–2015) NM 4 (1969–2008) CT 4 (1992–2019) DC 4 (1991–2025) MD 3 (1980–2015) LA 3 (1973–2005) MN 3 (1941–2016) IA 3 (2014–2014) MA 3 (1967–2026) OR 3 (1966–2013) KY 2 (2014–2024) VA 2 (2004–2018) IN 2 (2000–2016) MS 2 (2003–2004) KS 2 (2011–2022) WI 2 (1970–2002) CO 2 (1993–1993) RI 2 (1984–2015) MO 2 (1885–2019)

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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