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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.
| Case | Followed | Cited |
|---|---|---|
State v. Vincentygreen2 sentences2022See 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 . | 3 | 3 |
Toogood v. St. Andrews at Valley Brook Condominium Ass'ngreen2 sentences2026Id. at 425-26 . 2026Id. at 425-26. | 1 | 1 |
State v. Terrence Miller (068558)green1 sentence2023See 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"). | 1 | 1 |
Riley v. Keenangreen1 sentence2019Riley v. Keenan, 406 N.J. | 1 | 1 |
In Re the Estate of Vaydagreen1 sentence2014The 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). | 1 | 1 |
In Re the Estate of Stockdalegreen1 sentence2014In 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 ). | 1 | 1 |
Enmund v. Floridagreen2 sentences1987The 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. | 1 | 1 |
ZeBarth v. Swedish Hospital Medical Centergreen2 sentences1984Compare 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 | 1 | 1 |
Dietze v. Kinggreen2 sentences1984Compare 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 | 1 |
Beshada v. Johns-Manville Products Corp.green1 sentence1983Beshada 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. | 1 | 1 |
Dwinell-Wright Co. v. White House Milk Co.green1 sentence1959The 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. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. AGD
green
2 sentences2022See 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 . | 3 | 2022–2022 |
Standard Oil Co. v. City of Lincoln
green
2 sentences1979In 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. | 2 | 1979–1979 |
Yaselli v. Goff
green
2 sentences1979In 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. | 2 | 1979–1979 |
State v. Dennis
green
2 sentences2013Indeed, 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 . | 1 | 2013–2013 |
Hatfield v. Max Rouse & Sons Northwest
green
2 sentences1989These 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. | 1 | 1989–1989 |
Gregg v. Georgia
green
2 sentences1987In 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 | 1 | 1987–1987 |
AMG Associates v. Township of Springfield
green
1 sentence1980Associates v. Springfield Tp., 65 N.J. 101 (1974). | 1 | 1980–1980 |
Yaselli v. Goff
green
1 sentence1979In 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. | 1 | 1979–1979 |
Board of Chosen Freeholders v. Woodcliff Land Improvement Co.
neutral
1 sentence1951The 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). | 1 | 1951–1951 |
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.
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.