system immunity (New Jersey) · Go Syfert
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system immunity in New Jersey

15 New Jersey opinions name it 2 courts 1912–2025 2 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
Bombace v. City of Newarkgreen
nj · 1991 · cited in 11 New Jersey opinions naming this issue, 1993–2025
2 sentences

2021The TCA “was clearly intended to reestablish a system in which immunity is the rule, and liability the exception.” Ibid.

2020See Bombace v. City of Newark, 125 N.J. 361, 372 (1991) (recognizing the TCA is to "reestablish a system in which immunity is the rule, and liability the exception").

411
Kolitch v. Lindedahlgreen
nj · 1985 · cited in 3 New Jersey opinions naming this issue, 1991–2017
2 sentences

2017Immunity is the legislation's "dominant consideration." Kolitch v. Lindedahl, 100 N.J. 485, 498 (1985) (O'Hern, J., concurring).

1993As this Court frequently has recognized, “ ‘immunity is the dominant consideration of the Act.’ ” Rochinsky, supra, 110 N.J. at 408 , 541 A.2d 1029 (quoting Kolitch v. Lindedahl, 100 N.J. 485, 498 , 497 A.2d 183 (1985) (O’Hern, J., concurring).

23
Tice v. Cramergreen
nj · 1993 · cited in 2 New Jersey opinions naming this issue, 1995–2021
2 sentences

2021“When both liability and immunity appear to exist, the latter trumps the former.” Tice v. Cramer, 133 N.J. 347, 356 (1993).

1995“When both liability and immunity appear to exist, the latter trumps the former.” Tice, supra, 133 N.J. at 356 , 627 A.2d 1090 ; Rochinsky v. New Jersey Dep’t of Transp., 110 N.J. 399, 408 , 541 A.2d 1029 (1988).

12
Robinson v. Cahillgreen
nj · 1973 · cited in 2 New Jersey opinions naming this issue, 1978–2011
2 sentences

2011Cf. Robinson I, supra, 62 N.J. at 513 , 303 A. 2d 273 ("A system of instruction in any district of the State which is not thorough and efficient falls short of the constitutional command.").

2011Cf. Robinson I, supra, 62 N.J. at 513 , 303 A. 2d 273 ("A system of instruction in any district of the State which is not thorough and efficient falls short of the constitutional command.").

12

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 (8)

CaseCitedYears
Rochinsky v. State of NJ, Dept. of Transp. green
nj · 1988
2 sentences

1995“When both liability and immunity appear to exist, the latter trumps the former.” Tice, supra, 133 N.J. at 356 , 627 A.2d 1090 ; Rochinsky v. New Jersey Dep’t of Transp., 110 N.J. 399, 408 , 541 A.2d 1029 (1988).

1995“When both liability and immunity appear to exist, the latter trumps the former.” Tice, supra, 133 N.J. at 356 , 627 A.2d 1090 ; Rochinsky v. New Jersey Dep’t of Transp., 110 N.J. 399, 408 , 541 A.2d 1029 (1988).

21993–1995
Chatman v. Hall green
nj · 1992
2 sentences

1993N.J.S.A. 59:2-1; Chatman v. Hall, 128 N.J. 394, 402 , 608 A. 2d 263 (1992); see Bombace v. City of Newark, 125 N.J. 361, 372 , 593 A. 2d 335 (1991) (noting Act is intended "to reestablish a system in which immunity is the rule, and liability the exception").

1993N.J.S.A. 59:2-1; Chatman v. Hall, 128 N.J. 394, 402 , 608 A. 2d 263 (1992); see Bombace v. City of Newark, 125 N.J. 361, 372 , 593 A. 2d 335 (1991) (noting Act is intended "to reestablish a system in which immunity is the rule, and liability the exception").

11993–1993
Willis v. Dept. of Cons. & Ec. Dev. green
nj · 1970
2 sentences

1991Following this Court’s decision in Willis v. Department of Conservation & Economic Development, 55 N.J. 534, 537-41 , 264 A. 2d 34 (1970), which overruled the centuries-old common-law doctrine of sovereign immunity in tort, the Act was clearly intended to Reestablish a system in which immunity is the rule, and liability the exception.

1991Following this Court’s decision in Willis v. Department of Conservation & Economic Development, 55 N.J. 534, 537-41 , 264 A. 2d 34 (1970), which overruled the centuries-old common-law doctrine of sovereign immunity in tort, the Act was clearly intended to Reestablish a system in which immunity is the rule, and liability the exception.

11991–1991
Malloy v. State green
nj · 1978
2 sentences

1991See Kolitch v. Lindedahl, 100 N.J. 485 , 491 n. 4, 492 & n. 5, 497 A. 2d 183 (1985); Malloy v. State, 76 N.J. 515, 518-19 , 388 A.2d 622 (1978); N.J.S.A. 59:1-2; J.

1991See Kolitch v. Lindedahl, 100 N.J. 485 , 491 n. 4, 492 & n. 5, 497 A. 2d 183 (1985); Malloy v. State, 76 N.J. 515, 518-19 , 388 A.2d 622 (1978); N.J.S.A. 59:1-2; J.

11991–1991
Henrikson v. United States green
scotus · 1973
1 sentence

1978Dickey v. Robinson, 414 U.S. 976 , 94 S.Ct. 292 , 38 L.Ed. 2d 219 (1973).

11978–1978
Textile Workers Union v. Kayser-Roth Corp. green
scotus · 1973
1 sentence

1978Dickey v. Robinson, 414 U.S. 976 , 94 S.Ct. 292 , 38 L.Ed. 2d 219 (1973).

11978–1978
Holliday v. G. H. Pegram & Co. green
sc · 1913
1 sentence

1978Dickey v. Robinson, 414 U.S. 976 , 94 S.Ct. 292 , 38 L.Ed. 2d 219 (1973).

11978–1978
Belleville Stone Co. v. Mooney neutral
nj · 1897
2 sentences

1912The case is wholly lacking, therefore, in the element of a system of warnings having been established and upon which consequently the party injured had a right to rely, as in Belleville Stone Co. v. Mooney, 32 Vroom 253 , and in Harmer v. Reed Apartment Co., 39 Id. 332 , which, although not a master and servant case, is illustrative of this principle; and it is also equally lacking in the element of an “exceptional” or “extraordinary” condition requiring the establishment of a system of warnings, as in Ondis v. Great Atlantic and Pacific Tea Co., 53 Id. 511.

1912The case is wholly lacking, therefore, in the element of a system of warnings having been established and upon which consequently the party injured had a right to rely, as in Belleville Stone Co. v. Mooney, 32 Vroom 253 , and in Harmer v. Reed Apartment Co., 39 Id. 332 , which, although not a master and servant case, is illustrative of this principle; and it is also equally lacking in the element of an “exceptional” or “extraordinary” condition requiring the establishment of a system of warnings, as in Ondis v. Great Atlantic and Pacific Tea Co., 53 Id. 511.

11912–1912

Statutes the citing opinions construe

NJ § N.J. Stat. § 59:1-1 (4) NJ § N.J. Stat. § 59:3-3 (4) NJ § N.J. Stat. § 59:1-2 (3) NJ § N.J. Stat. § 59:2-3 (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

PA 15 (1976–2025) NJ 15 (1912–2025) LA 10 (1965–2003) CA 8 (1976–2022) NY 6 (1897–1997) IL 5 (1888–2022) WV 5 (1993–2021) TX 4 (1996–2015) MO 4 (1968–1985) WA 4 (2000–2007) SD 4 (1979–1995) AL 2 (1923–1982) ME 2 (2008–2011) OH 2 (2008–2010) MI 2 (1998–1999) CT 2 (1967–2007)

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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