14 New Jersey opinions name it 3 courts 1949–2026 4 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 |
|---|---|---|
Konzelman v. Konzelmangreen2 sentences2022Lepis imposes a fairness dimension to the modification analysis, even when the parties themselves have set the parameters of alimony. 83 N.J. at 148 - 49; see also Konzelman, 158 N.J. at 194 . 2021See id. at 148-49 ; see also Konzelman v. Konzelman, 158 N.J. 185, 194 (1999) ("Courts have continuing power to oversee divorce agreements . . . [and] enforce such agreements only to the extent they are fair and equitable.") (internal citations and quotations omitted); Guglielmo v. Guglielmo, 253 N.J. | 2 | 2 |
Lepis v. Lepisgreen2 sentences2022Lepis imposes a fairness dimension to the modification analysis, even when the parties themselves have set the parameters of alimony. 83 N.J. at 148 - 49; see also Konzelman, 158 N.J. at 194 . 2022"In deciding whether to modify an agreement due to changed circumstances, 'the proper criteria are whether the change in circumstance is continuing and whether the agreement or decree has made explicit provision for the change.'" Quinn, 225 N.J. at 49 (quoting Lepis, 83 N.J. at 152 ). | 1 | 2 |
Morton v. 4 Orchard Land Trustgreen1 sentence2026"A written contract is formed when there is a 'meeting of the minds' between the parties, evidenced by a written offer and an unconditional, written acceptance." Morton v. 4 Orchard Land Tr., 180 N.J. 118, 129-30 (2004) (quoting Johnson & Johnson v. Charmley Drug Co., 11 N.J. 526, 538-39 (1953)). | 1 | 1 |
Johnson & Johnson v. Charmley Drug Co.green1 sentence2026"A written contract is formed when there is a 'meeting of the minds' between the parties, evidenced by a written offer and an unconditional, written acceptance." Morton v. 4 Orchard Land Tr., 180 N.J. 118, 129-30 (2004) (quoting Johnson & Johnson v. Charmley Drug Co., 11 N.J. 526, 538-39 (1953)). | 1 | 1 |
Guglielmo v. Guglielmogreen1 sentence2021See id. at 148-49 ; see also Konzelman v. Konzelman, 158 N.J. 185, 194 (1999) ("Courts have continuing power to oversee divorce agreements . . . [and] enforce such agreements only to the extent they are fair and equitable.") (internal citations and quotations omitted); Guglielmo v. Guglielmo, 253 N.J. | 1 | 1 |
State v. Bursteingreen2 sentences2008See Burstein, supra, 85 N.J. at 406-07 , 427 A.2d 525 . 2008See Burstein, supra, 85 N.J. at 406-07 , 427 A.2d 525 . | 1 | 1 |
Commonwealth Ex Rel. Comptroller of Virginia v. Skeensgreen1 sentence1999The court simply allows a source of funds, indirectly attributable to a parent, to be used to satisfy the parent's court-ordered support obligation. [ Id. at 435.] In Brewer v. Brewer, 244 Neb. 731 , 509 N.W. 2d 10 (1993), the Nebraska Supreme Court similarly observed that "a modification hearing implies a change in the amount of the court's order on behalf of the minor child, and consequently, requires a material change in circumstances. | 1 | 1 |
Brewer v. Brewergreen2 sentences1999The court simply allows a source of funds, indirectly attributable to a parent, to be used to satisfy the parent's court-ordered support obligation. [ Id. at 435.] In Brewer v. Brewer, 244 Neb. 731 , 509 N.W. 2d 10 (1993), the Nebraska Supreme Court similarly observed that "a modification hearing implies a change in the amount of the court's order on behalf of the minor child, and consequently, requires a material change in circumstances. 1999The court simply allows a source of funds, indirectly attributable to a parent, to be used to satisfy the parent's court-ordered support obligation. [ Id. at 435.] In Brewer v. Brewer, 244 Neb. 731 , 509 N.W. 2d 10 (1993), the Nebraska Supreme Court similarly observed that "a modification hearing implies a change in the amount of the court's order on behalf of the minor child, and consequently, requires a material change in circumstances. | 1 | 1 |
Frame v. Kotharigreen2 sentences1995Rarely will a member of the patient’s family contemporaneously observe the immediate consequences of the defendant’s misdiagnosis, and even more rarely will the results of the misdiagnosis be the injury or death of a loved one contemplated by the gruesome scene portrayed in Portee . [Id. at 647-48, 560 A.2d 675 .] Accordingly, the Frame opinion offers a modification of the standard Portee framework, to permit bystander recovery of emotional-distress damages in a malpractice context that does not meet the Portee guidelines: “In an appropriate case, if a family member witnesses the physician’s m 1995Rarely will a member of the patient's family contemporaneously observe the immediate consequences of the defendant's misdiagnosis, and even more rarely will the results of the misdiagnosis be the injury or death of a loved one contemplated by the gruesome scene portrayed in Portee. [ Id. at 647-48, 560 A. 2d 675 .] Accordingly, the Frame opinion offers a modification of the standard Portee framework, to permit bystander recovery of emotional-distress damages in a malpractice context that does not meet the Portee guidelines: "In an appropriate case, if a family member witnesses the physician's | 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 |
|---|---|---|
Daubert v. Merrell Dow Pharmaceuticals, Inc.
green
2 sentences2026In February of 2023, however, the New Jersey Supreme Court in Olenowski I held that going forward criminal courts should apply a modification of the test set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). 253 N.J. at 151-52. 2026That test requires courts to assess "whether the reasoning or methodology underlying the testimony is scientifically valid and [] whether that reasoning or methodology properly can be applied to the facts in issue." Id. at 147 (emphasis omitted) (quoting Daubert, 509 U.S. at 592-93 ). | 1 | 2026–2026 |
Cathleen Quinn v. David J. Quinn (074411)
green
1 sentence2022"In deciding whether to modify an agreement due to changed circumstances, 'the proper criteria are whether the change in circumstance is continuing and whether the agreement or decree has made explicit provision for the change.'" Quinn, 225 N.J. at 49 (quoting Lepis, 83 N.J. at 152 ). | 1 | 2022–2022 |
Cesare v. Cesare
green
1 sentence2017Our standard of review is as follows. "[F]indings by the trial court are binding on appeal when supported by adequate, substantial, credible evidence." Cesare v. Cesare, 154 N.J. 394 , 7 A-2542-14T1 411-12 (1998) (citing Rova Farms Resort, Inc. v. Inv'rs Ins. | 1 | 2017–2017 |
McFadden v. McFadden
green
2 sentences1990McFadden v. McFadden, 386 Pa.Super. 506 , 563 A. 2d 180 (Super.Ct. 1989). 1990McFadden v. McFadden, 386 Pa.Super. 506 , 563 A. 2d 180 (Super.Ct. 1989). | 1 | 1990–1990 |
Fasolo v. Pensions Div. Trustees
green
2 sentences1985In Fasolo v. Pensions Div. Trustees, 181 N.J.Super. 434 , 438 A. 2d 328 (App.Div.1981), the court found that the Public Employees’ Retirement System (PERS) had required Fasolo to overpay certain contributions to the PERS fund and that he was underpaid by the pension payments he later received. 1985In Fasolo v. Pensions Div. Trustees, 181 N.J.Super. 434 , 438 A. 2d 328 (App.Div.1981), the court found that the Public Employees’ Retirement System (PERS) had required Fasolo to overpay certain contributions to the PERS fund and that he was underpaid by the pension payments he later received. | 1 | 1985–1985 |
Dunlap v. Dunlap
green
2 sentences1957Rev., at p. 1030); Peaslee, C.J., in Dunlap v. Dunlap, 84 N.H. 352 , 150 A. 905, 914 , 71 A.L.R. 1055 ( Sup. Ct. 1930), supply added cogency to the effectuation of a modification of the rule of immunity to the limited extent involved in such a situation (apart, of course, from any specific consideration as to whether there was insurance in the case before us). 1957Rev., at p. 1030); Peaslee, C.J., in Dunlap v. Dunlap, 84 N.H. 352 , 150 A. 905, 914 , 71 A.L.R. 1055 ( Sup. Ct. 1930), supply added cogency to the effectuation of a modification of the rule of immunity to the limited extent involved in such a situation (apart, of course, from any specific consideration as to whether there was insurance in the case before us). | 1 | 1957–1957 |
Superintendent & Trustees of Public Schools v. Bennett
green
1 sentence1955Where one of two innocent persons must sustain a loss, the law casts it upon him who has agreed to sustain it, or rather the law leaves it where the agreement of the parties has put it; the law will not insert, for the benefit of one of the parties, by construction, an exception which the parties have not, either by design or neglect, inserted in their engagement." ( 27 N.J.L., at page 519 .) Recent developments have introduced into the law a modification of this rule, in certain instances, which has come to be called the doctrines of implied condition and frustration of purpose, thoroughly di | 1 | 1955–1955 |
Edwards v. Leopoldi
green
1 sentence1955Super. 43 ( App. Div. 1952), certif. denied 10 N.J. 347 (1952). | 1 | 1955–1955 |
Edwards v. Leopoldi
green
1 sentence1955Where one of two innocent persons must sustain a loss, the law casts it upon him who has agreed to sustain it, or rather the law leaves it where the agreement of the parties has put it; the law will not insert, for the benefit of one of the parties, by construction, an exception which the parties have not, either by design or neglect, inserted in their engagement." ( 27 N.J.L., at page 519 .) Recent developments have introduced into the law a modification of this rule, in certain instances, which has come to be called the doctrines of implied condition and frustration of purpose, thoroughly di | 1 | 1955–1955 |
Jones v. U-Drive-It Company
green
1 sentence1954Such, I submit, is the reason and spirit of the New Jersey Act, a modification of the rule of Manowitz v. Kanov, supra . | 1 | 1954–1954 |
Sherrer v. Sherrer
green
2 sentences1949The modification to which that principle is subjected when both parties appeared in the divorce proceedings, Sherrer v. Sherrer, 334 U. S. 343 , 92 L. 1949The modification to which that principle is subjected when both parties appeared in the divorce proceedings, Sherrer v. Sherrer, 334 U. S. 343 , 92 L. | 1 | 1949–1949 |
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.