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16 New Jersey opinions name it 2 courts 1963–2025 6 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 |
|---|---|---|
Rocky Hill Citizens v. Planning Bd. of Borough of Rocky Hillgreen2 sentences2025Bd. of Rocky Hill, 406 N.J. 2024In distinguishing Concerned Citizens and Willoughby, which we characterized as "the exception rather than the rule" for granting an enlargement as a matter of public interest, Rocky Hill, 406 N.J. | 2 | 3 |
In Re Gonzalezgreen2 sentences2015See Iliadis, supra, 191 N.J. at 117 (observing that "[d]enial of class status due to manageability concerns is disfavored and, 'in view of the public interest involved in class actions, should be the exception rather than the rule'" (citations omitted)). 2015See Iliadis, supra, 191 N.J. at 117 (observing that "[d]enial of class status due to manageability concerns is disfavored and, 'in view of the public interest involved in class actions, should be the exception rather than the rule'" (citations omitted)). | 1 | 2 |
Rova Farms Resort, Inc. v. Investors Insurance Co. of Americagreen1 sentence2024The purpose of prejudgment interest is "compensatory—to indemnify the plaintiff for the loss of what the monies due him would presumably have earned if payment had not been refused." Rova Farms, 65 N.J. at 506 (emphasis omitted). | 1 | 1 |
Smart SMR of New York, Inc. v. Borough of Fair Lawn Board of Adjustmentgreen2 sentences2009Cox, New Jersey Zoning and Land Use Administration § 7-4.1 at 180 (2009) (stating that because of the "strong legislative policy favoring land use planning by ordinance rather than by variance, the grant of a `d' variance will always be the exception rather than the rule"); see also Smart SMR of N.Y., Inc. v. Borough of Fair Lawn Bd. of Adjustment, 152 N.J. 309, 323 , 704 A. 2d 1271 (1998) (noting that an applicant seeking a "d" variance for an inherently beneficial use has a "significantly lessened" burden of proof). 2009Cox, New Jersey Zoning and Land Use Administration § 7-4.1 at 180 (2009) (stating that because of the "strong legislative policy favoring land use planning by ordinance rather than by variance, the grant of a `d' variance will always be the exception rather than the rule"); see also Smart SMR of N.Y., Inc. v. Borough of Fair Lawn Bd. of Adjustment, 152 N.J. 309, 323 , 704 A. 2d 1271 (1998) (noting that an applicant seeking a "d" variance for an inherently beneficial use has a "significantly lessened" burden of proof). | 1 | 1 |
Medici v. BPR Co.green2 sentences2009Cox, New Jersey Zoning and Land Use Administration § 2-7.3 at 44 (2009) (noting that with the exception of the approval of "d" variances, "[a]ll Board actions may be taken by a majority vote of a quorum"). *1139 This statutory requirement for a super majority of votes to approve a "d" variance is consistent with the "strong legislative policy favoring land use planning by ordinance rather than by variance," so that a "d" variance is considered "the exception rather than the rule." Cox, supra, § 7-4.1 at 180; see Sponsor Statement to A.1169 (Jan. 30, 1984) (enacted as L. 1984, c. 20) (stating t 2009Cox, New Jersey Zoning and Land Use Administration § 2-7.3 at 44 (2009) (noting that with the exception of the approval of "d" variances, "[a]ll Board actions may be taken by a majority vote of a quorum"). *1139 This statutory requirement for a super majority of votes to approve a "d" variance is consistent with the "strong legislative policy favoring land use planning by ordinance rather than by variance," so that a "d" variance is considered "the exception rather than the rule." Cox, supra, § 7-4.1 at 180; see Sponsor Statement to A.1169 (Jan. 30, 1984) (enacted as L. 1984, c. 20) (stating t | 1 | 1 |
Adolf Lony v. E.I. Du Pont De Nemours & Companygreen1 sentence2008While a foreign plaintiff's choice of a United States forum may deserve somewhat less deference, nevertheless that reduced deference "is not an invitation to accord a foreign plaintiff's selection of an American forum no deference since dismissal for forum non conveniens is the exception rather than the rule." Lony, supra, 935 F. 2d at 609 (citation and internal quotations omitted). | 1 | 1 |
Leonard J. Klay v. Humana, Inc.green2 sentences2007Denial of class status due to manageability concerns is disfavored and, “in view of the public interest involved in class actions, should be the exception rather than the rule.” In re Bristol Bay, Alaska, Salmon Fishery Antitrust Litig., 78 F.R.D. 622, 628 (W.D.Wa.1978) (quotation omitted); see also Klay v. Humana, Inc., 382 F. 3d 1241, 1272-73 (11th Cir.2004) (finding manageability “will rarely, if ever, be in itself sufficient to prevent certification of a class”); Carnegie, supra, 376 F.3d at 661 (“[C]lass action has to be unwieldy indeed before it can be pronounced an inferior alternative 2007Denial of class status due to manageability concerns is disfavored and, "in view of the public interest involved in class actions, should be the exception rather than the rule." In re Bristol Bay, Alaska, Salmon Fishery Antitrust Litig., 78 F.R.D. 622, 628 (W.D.Wa.1978) (quotation omitted); see also Klay v. Humana, Inc., 382 F. 3d 1241, 1272-73 (11th Cir.2004) (finding manageability "will rarely, if ever, be in itself sufficient to prevent certification of a class"); Carnegie, supra, 376 F. 3d at 661 ("[C]lass action has to be unwieldy indeed before it can be pronounced an inferior alternative | 1 | 1 |
Angason v. Alaska Packers Ass'ngreen2 sentences2007Denial of class status due to manageability concerns is disfavored and, “in view of the public interest involved in class actions, should be the exception rather than the rule.” In re Bristol Bay, Alaska, Salmon Fishery Antitrust Litig., 78 F.R.D. 622, 628 (W.D.Wa.1978) (quotation omitted); see also Klay v. Humana, Inc., 382 F. 3d 1241, 1272-73 (11th Cir.2004) (finding manageability “will rarely, if ever, be in itself sufficient to prevent certification of a class”); Carnegie, supra, 376 F.3d at 661 (“[C]lass action has to be unwieldy indeed before it can be pronounced an inferior alternative 2007Denial of class status due to manageability concerns is disfavored and, "in view of the public interest involved in class actions, should be the exception rather than the rule." In re Bristol Bay, Alaska, Salmon Fishery Antitrust Litig., 78 F.R.D. 622, 628 (W.D.Wa.1978) (quotation omitted); see also Klay v. Humana, Inc., 382 F. 3d 1241, 1272-73 (11th Cir.2004) (finding manageability "will rarely, if ever, be in itself sufficient to prevent certification of a class"); Carnegie, supra, 376 F. 3d at 661 ("[C]lass action has to be unwieldy indeed before it can be pronounced an inferior alternative | 1 | 1 |
Lynne A. Carnegie, on Behalf of Herself and All Others Similarly Situated v. Household International, Inc.green2 sentences2007Denial of class status due to manageability concerns is disfavored and, “in view of the public interest involved in class actions, should be the exception rather than the rule.” In re Bristol Bay, Alaska, Salmon Fishery Antitrust Litig., 78 F.R.D. 622, 628 (W.D.Wa.1978) (quotation omitted); see also Klay v. Humana, Inc., 382 F. 3d 1241, 1272-73 (11th Cir.2004) (finding manageability “will rarely, if ever, be in itself sufficient to prevent certification of a class”); Carnegie, supra, 376 F.3d at 661 (“[C]lass action has to be unwieldy indeed before it can be pronounced an inferior alternative 2007Denial of class status due to manageability concerns is disfavored and, “in view of the public interest involved in class actions, should be the exception rather than the rule.” In re Bristol Bay, Alaska, Salmon Fishery Antitrust Litig., 78 F.R.D. 622, 628 (W.D.Wa.1978) (quotation omitted); see also Klay v. Humana, Inc., 382 F. 3d 1241, 1272-73 (11th Cir.2004) (finding manageability “will rarely, if ever, be in itself sufficient to prevent certification of a class”); Carnegie, supra, 376 F.3d at 661 (“[C]lass action has to be unwieldy indeed before it can be pronounced an inferior alternative | 1 | 1 |
Starr v. Berrygreen1 sentence1963Bull Steamship Co., 25 N.J. 293 (1957), cert. denied 355 U.S. 958 , 78 S.Ct. 545 , 2 L.Ed. 2 d 534 (1958), but, as pointed out by Chief Justice Weintraub in Starr v. Berry, 25 N.J. 573, 587 (1957): "It is not enough that a defendant will be seriously inconvenienced; it must also appear that a transfer will not result in significant hardship to the plaintiffs." Pursuant to the usual practice under a motion to dismiss based on forum non conveniens, the granting of immunity will be considered an exception rather than the rule. | 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 |
|---|---|---|
Fielder v. Stonack
green
1 sentence2025For public employees, conversely, immunity "is the exception rather than the rule." Id. at 118 . | 1 | 2025–2025 |
Chatman v. Hall
green
1 sentence2025"In doing so the [TCA] reaffirms the common law principle that with respect to private persons immunity is the exception rather than the rule." Id. at 404 . | 1 | 2025–2025 |
Johnson v. Johnson
green
1 sentence2024However, under Rule 4:42-11, "compound interest is clearly the exception rather than the rule." Ibid. | 1 | 2024–2024 |
In Re Guardianship of JO
green
1 sentence2002In re Guardianship of J.O. involved an extremely brutal situation where the record revealed that “there is almost no humanity left in the relationship of the parent to the child.” Id. at 308, 743 A.2d 341 (quoting New Jersey Div. of Youth & Family Serv’s v. A.W., 103 N.J. 591, 602 , 512 A.2d 438 (1986)). | 1 | 2002–2002 |
New Jersey Division of Youth & Family Services v. A.W.
green
2 sentences2002In re Guardianship of J.O. involved an extremely brutal situation where the record revealed that “there is almost no humanity left in the relationship of the parent to the child.” Id. at 308, 743 A.2d 341 (quoting New Jersey Div. of Youth & Family Serv’s v. A.W., 103 N.J. 591, 602 , 512 A.2d 438 (1986)). 2002In re Guardianship of J.O. involved an extremely brutal situation where the record revealed that “there is almost no humanity left in the relationship of the parent to the child.” Id. at 308, 743 A.2d 341 (quoting New Jersey Div. of Youth & Family Serv’s v. A.W., 103 N.J. 591, 602 , 512 A.2d 438 (1986)). | 1 | 2002–2002 |
Gangemi v. Berry
green
2 sentences1982Justice Heher, writing for a unanimous court in Gangemi v. Berry, supra , comprehensively reviewed these basic concepts of the Republic and our State, and in doing so commented: The theory of our political system is that the ultimate sovereignty is in the people, "from whom springs all legitimate authority"; and (1) the legislative authority in the States consists of "the full and complete power as it rests in, and may be exercised by, the sovereign power of any country, subject only to such restrictions as they may have seen fit to impose, and to the limitations which are contained in the Con 1982Justice Heher, writing for a unanimous court in Gangemi v. Berry, supra , comprehensively reviewed these basic concepts of the Republic and our State, and in doing so commented: The theory of our political system is that the ultimate sovereignty is in the people, "from whom springs all legitimate authority"; and (1) the legislative authority in the States consists of "the full and complete power as it rests in, and may be exercised by, the sovereign power of any country, subject only to such restrictions as they may have seen fit to impose, and to the limitations which are contained in the Con | 1 | 1982–1982 |
Claflin v. Houseman
green
2 sentences1972This Court's approach to the question of whether Congress has ousted state courts of jurisdiction was enunciated by Mr. Justice Bradley in Claflin v. Houseman, 93 U.S. 130 , 23 L.Ed. 833 , and has remained unmodified through the years. 1972This Court's approach to the question of whether Congress has ousted state courts of jurisdiction was enunciated by Mr. Justice Bradley in Claflin v. Houseman, 93 U.S. 130 , 23 L.Ed. 833 , and has remained unmodified through the years. | 1 | 1972–1972 |
Vargas v. A. H. Bull Steamship Co.
green
1 sentence1963Bull Steamship Co., 25 N.J. 293 (1957), cert. denied 355 U.S. 958 , 78 S.Ct. 545 , 2 L.Ed. 2 d 534 (1958), but, as pointed out by Chief Justice Weintraub in Starr v. Berry, 25 N.J. 573, 587 (1957): "It is not enough that a defendant will be seriously inconvenienced; it must also appear that a transfer will not result in significant hardship to the plaintiffs." Pursuant to the usual practice under a motion to dismiss based on forum non conveniens, the granting of immunity will be considered an exception rather than the rule. | 1 | 1963–1963 |
Police Pension & Relief Board v. Behnke
green
1 sentence1963Bull Steamship Co., 25 N.J. 293 (1957), cert. denied 355 U.S. 958 , 78 S.Ct. 545 , 2 L.Ed. 2 d 534 (1958), but, as pointed out by Chief Justice Weintraub in Starr v. Berry, 25 N.J. 573, 587 (1957): "It is not enough that a defendant will be seriously inconvenienced; it must also appear that a transfer will not result in significant hardship to the plaintiffs." Pursuant to the usual practice under a motion to dismiss based on forum non conveniens, the granting of immunity will be considered an exception rather than the rule. | 1 | 1963–1963 |
Vargas v. A. H. Bull Steamship Co.
green
1 sentence1963Bull Steamship Co., 25 N.J. 293 (1957), cert. denied 355 U.S. 958 , 78 S.Ct. 545 , 2 L.Ed. 2 d 534 (1958), but, as pointed out by Chief Justice Weintraub in Starr v. Berry, 25 N.J. 573, 587 (1957): "It is not enough that a defendant will be seriously inconvenienced; it must also appear that a transfer will not result in significant hardship to the plaintiffs." Pursuant to the usual practice under a motion to dismiss based on forum non conveniens, the granting of immunity will be considered an exception rather than the rule. | 1 | 1963–1963 |
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.