first two factors (New Jersey) · Go Syfert
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first two factors in New Jersey

15 New Jersey opinions name it 2 courts 1986–2025 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 (4)

CaseFollowedCited
State of New Jersey v. Alice O'Donnellgreen
njsuperctappdiv · 2014 · cited in 1 New Jersey opinions naming this issue, 2022–2022
1 sentence

2022See State v. O'Donnell, 435 N.J.

11
Szalontai v. Yazbo's Sports Cafégreen
nj · 2005 · cited in 1 New Jersey opinions naming this issue, 2019–2019
1 sentence

2019Affirmed. 4 Because plaintiff failed to establish either of the first two factors required for application of the doctrine of res ipsa loquitur, it is unnecessary to consider or decide whether plaintiff satisfied the third factor—that "there is no indication in the circumstances that the injury was the result of the plaintiff's own voluntary act or neglect," Szalontai, 183 N.J. at 398 (citation omitted)—other than to note that the undisputed facts presented to the motion court do not directly address this factor.

11
Griffith v. Kentuckygreen
scotus · 1987 · cited in 1 New Jersey opinions naming this issue, 1992–1992
2 sentences

1992Finally, it is necessary that we address the question of whether the new rule should have limited retroactivity to all cases pending on direct review or not yet final, such as the United States Supreme Court decided in Griffith v. Kentucky, 479 U.S. 314, 327 , 107 S.Ct. 708, 715 , 93 L.Ed. 2d 649, 661 (1987).

1992Finally, it is necessary that we address the question of whether the new rule should have limited retroactivity to all cases pending on direct review or not yet final, such as the United States Supreme Court decided in Griffith v. Kentucky, 479 U.S. 314, 327 , 107 S.Ct. 708, 715 , 93 L.Ed. 2d 649, 661 (1987).

11
State v. Linkgreen
njsuperctappdiv · 1984 · cited in 1 New Jersey opinions naming this issue, 1986–1986
1 sentence

1986In State v. Link, 197 N.J.

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
New Jersey Coalition Against War in the Middle East v. J.M.B. Realty Corp. green
nj · 1994
2 sentences

2006The Court said that the first two factors of the Schmid test, "are best considered together, for in this case they are most closely interrelated." Id., at 357, 650 A. 2d 757 .

1995The Court held that the first two factors of the Schmid test—the normal use of the property and the nature and extent of the public invitation—are best considered together where “they are most closely interrelated.” Id. at 357, 650 A.2d 757 .

31994–2006
State v. Sands green
nj · 1978
1 sentence

2025As the Supreme Court held in Sands, "[t]he key to exclusion is remoteness," which "cannot ordinarily be determined by the passage of time alone" but also includes "the nature of the convictions" as "probably . . . a significant factor." 76 N.J. at 144 .

12025–2025
State v. Johnson green
nj · 2008
1 sentence

2022Johnson, 193 N.J. at 550 .

12022–2022
State v. Priester green
nj · 1985
1 sentence

2020The first two factors -- the nature of the inmate’s illness and the effect of continued incarceration on his health -- are “[t]he predicate for relief.” Id. at 135 .

12020–2020
State v. Phelps green
nj · 1984
2 sentences

2017The first two factors "reflect notions that an agent's statements are vicariously attributable to a principal." Id. at 510 .

2017The third factor "reduces the fear that a defendant might be convicted or held liable in damages solely on the basis of evidence that he has had no opportunity to impeach or refute." Id. at 510-11 .

12017–2017
Fibreboard Paper Products Corp. v. National Labor Relations Board green
scotus · 1964
2 sentences

2008Corp. v. Nat'l Labor Relations Bd., 379 U.S. 203 , 85 S.Ct. 398 , 13 L.Ed. 2d 233 (1964); City of Jersey City v. Jersey City Police Officers Benevolent Ass'n, 154 N.J. 555, 575-76 , 713 A. 2d 472 (1998). [6] After the hearing officer rendered his report and recommendation, the PBA moved to reopen the hearing.

2008Corp. v. Nat'l Labor Relations Bd., 379 U.S. 203 , 85 S.Ct. 398 , 13 L.Ed. 2d 233 (1964); City of Jersey City v. Jersey City Police Officers Benevolent Ass'n, 154 N.J. 555, 575-76 , 713 A. 2d 472 (1998). [6] After the hearing officer rendered his report and recommendation, the PBA moved to reopen the hearing.

12008–2008
City of Jersey City v. Jersey City Police Officers Benevolent Ass'n green
nj · 1998
2 sentences

2008Corp. v. Nat'l Labor Relations Bd., 379 U.S. 203 , 85 S.Ct. 398 , 13 L.Ed. 2d 233 (1964); City of Jersey City v. Jersey City Police Officers Benevolent Ass'n, 154 N.J. 555, 575-76 , 713 A. 2d 472 (1998). [6] After the hearing officer rendered his report and recommendation, the PBA moved to reopen the hearing.

2008Corp. v. Nat'l Labor Relations Bd., 379 U.S. 203 , 85 S.Ct. 398 , 13 L.Ed. 2d 233 (1964); City of Jersey City v. Jersey City Police Officers Benevolent Ass'n, 154 N.J. 555, 575-76 , 713 A. 2d 472 (1998). [6] After the hearing officer rendered his report and recommendation, the PBA moved to reopen the hearing.

12008–2008
In re the Commissioner of Insurance's Issuance of Orders A-92-189 & A-92-212 green
nj · 1994
1 sentence

2003The first two factors focus attention on whether the particular action was intended: (1) “to have wide coverage encompassing a large segment of the regulated or general public” and (2) “to be applied generally and uniformly to all similarly situated persons.” The third and fourth factors ask whether the action was (3) “designed to operate only in future eases ... prospectively” and (4) “prescribes a legal standard or directive that is not otherwise expressly provided by or clearly and obviously inferable from the enabling statutory authorization.” The fifth factor is phrased in the alternative

12003–2003
Metromedia, Inc. v. Director, Division of Taxation green
nj · 1984
1 sentence

2003The first two factors focus attention on whether the particular action was intended: (1) “to have wide coverage encompassing a large segment of the regulated or general public” and (2) “to be applied generally and uniformly to all similarly situated persons.” The third and fourth factors ask whether the action was (3) “designed to operate only in future eases ... prospectively” and (4) “prescribes a legal standard or directive that is not otherwise expressly provided by or clearly and obviously inferable from the enabling statutory authorization.” The fifth factor is phrased in the alternative

12003–2003
Williams v. Williams green
nj · 1971
2 sentences

1999Williams, supra, 59 N.J. at 233 , 281 A. 2d 273 .

1999Williams, supra, 59 N.J. at 233 , 281 A. 2d 273 .

11999–1999
Darmanin v. Darmanin green
njsuperctappdiv · 1988
2 sentences

1992Id. at 431 , 540 A. 2d 913 ; see also N.J.S.A. 2A:34-23. [1] Success is thus not a prerequisite for an award of counsel fees.

1992Id. at 431 , 540 A. 2d 913 ; see also N.J.S.A. 2A:34-23. [1] Success is thus not a prerequisite for an award of counsel fees.

11992–1992

Statutes the citing opinions construe

NJ § N.J. Stat. § 2C:11-3 (3) NJ § N.J. Stat. § 2C:43-7.2 (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

KS 113 (2004–2025) IL 82 (1981–2026) TX 77 (1972–2025) CA 65 (1980–2026) NM 40 (1988–2025) WA 38 (1973–2026) NY 26 (1979–2025) PA 26 (1973–2025) MI 20 (1987–2025) OH 19 (1981–2025) OR 18 (1981–2025) WI 16 (1975–2025) NJ 15 (1986–2025) UT 14 (1993–2022) GA 14 (2002–2026) FL 12 (1936–2015) MS 12 (1991–2022) MN 11 (1986–2016) IA 11 (1996–2024) NV 10 (2017–2022) MD 9 (1979–2025) IN 9 (1992–2019) MA 8 (2001–2026) MO 8 (1989–2023) AZ 8 (2006–2025) AL 6 (2005–2015) MT 6 (1999–2026) NC 6 (1998–2024) CT 6 (1995–2012) LA 6 (1996–2026) WY 5 (1992–2025) HI 5 (2009–2026) ND 5 (2004–2019) TN 5 (1999–2016) NH 5 (2006–2022) WV 4 (2005–2020) VT 4 (2009–2025) VA 4 (2005–2022) CO 3 (1997–2021) SD 3 (1999–2025) DE 3 (2018–2023) NE 3 (1998–2021) SC 2 (2025–2025) DC 2 (1997–2009) ID 2 (2020–2025)

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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