occurrence violation (New Jersey) · Go Syfert
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occurrence violation in New Jersey

14 New Jersey opinions name it 2 courts 1957–2025 1 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 (8)

CaseFollowedCited
Mehlman v. Mobil Oil Corp.green
njsuperctappdiv · 1996 · cited in 2 New Jersey opinions naming this issue, 1997–2013
2 sentences

2013"The sine qua non of a CEPA claim is not the actual occurrence of a violation of promulgated authority or public policy, but rather the existence of a reasonable belief to the effect that such authority or policy has been breached." Mehlman v. Mobil Oil Corp., 291 N.J.

1997“The sine qua non of a CEPA claim is not the actual occurrence of a violation of promulgated authority or public policy, but rather the existence of a reasonable belief to the effect that such authority or policy has been breached.” Mehlman, 291 N.J.Super. at 123 , 676 A.2d 1143 .

12
Shotmeyer v. New Jersey Realty Title Insurancegreen
nj · 2008 · cited in 1 New Jersey opinions naming this issue, 2025–2025
1 sentence

2025Co., 195 N.J. 72, 86-87 (2008)." The court reasoned "[w]here the plaintiff fails to prove the corporate officer was in a position to prevent the occurrence of the corporate violation or was in a position to prevent the occurrence of the violation but failed to do so, individual liability cannot be imposed." See Macysyn v. Hensler, 329 N.J.

11
MacYsyn v. Henslergreen
njsuperctappdiv · 2000 · cited in 1 New Jersey opinions naming this issue, 2025–2025
1 sentence

2025Co., 195 N.J. 72, 86-87 (2008)." The court reasoned "[w]here the plaintiff fails to prove the corporate officer was in a position to prevent the occurrence of the corporate violation or was in a position to prevent the occurrence of the violation but failed to do so, individual liability cannot be imposed." See Macysyn v. Hensler, 329 N.J.

11
Richard Catena v. Raytheon Companygreen
njsuperctappdiv · 2016 · cited in 1 New Jersey opinions naming this issue, 2019–2019
1 sentence

2019See 15 U.S.C. § 1640 (e) (claims under the TILA must be brought "within one year from the date of the occurrence of the violation"); Catena v. Raytheon Co., 447 N.J.

11
In Re Patricia G. Smith, Debtor. Patricia G. Smith v. American Financial Systems, Inc.green
ca11 · 1984 · cited in 1 New Jersey opinions naming this issue, 2014–2014
1 sentence

2014Nondisclosure is not a continuing violation for purposes of the statute of limitations.” In re Smith, 737 F.2d 1549, 1552 (11th Cir.1984) (citation omitted).

11
Doria v. Ins. Co. of North Americagreen
njsuperctappdiv · 1986 · cited in 1 New Jersey opinions naming this issue, 2005–2005
2 sentences

2005They rely on Doria v. Insurance Co. of North America, 210 N.J.Super. 67, 69, 73-74 , 509 A. 2d 220 (App.Div.1986), the seminal decision on interpretation of the occurrence clause in insurance policies in New Jersey, as support for their analysis.

2005They rely on Doria v. Insurance Co. of North America, 210 N.J.Super. 67, 69, 73-74 , 509 A. 2d 220 (App.Div.1986), the seminal decision on interpretation of the occurrence clause in insurance policies in New Jersey, as support for their analysis.

11
Brindley v. Firemen's Ins. Co. of Newarkgreen
njsuperctappdiv · 1955 · cited in 1 New Jersey opinions naming this issue, 1959–1959
1 sentence

1959Co., 35 N.J.

11
Twining v. New Jerseyred
scotus · 1908 · cited in 1 New Jersey opinions naming this issue, 1957–1957
2 sentences

1957In Twining v. State of New Jersey, 211 U. S. 78, 91 , 29 S. Ct. 14 , 53 L.

1957In Twining v. State of New Jersey, 211 U. S. 78, 91 , 29 S. Ct. 14 , 53 L.

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 (8)

CaseCitedYears
Nicor, Inc. v. Associated Electric & Gas Insurance Services Ltd. green
ill · 2006
2 sentences

2013Nicor indicates the occurrence analysis in United States Gypsum might change if the insured’s liability is based on its installation of the materials. 307 Ill.Dec. 626 , 860 N.E.2d at 298-99 .

2013Nicor indicates the occurrence analysis in United States Gypsum might change if the insured’s liability is based on its installation of the materials. 307 Ill.Dec. 626 , 860 N.E.2d at 298-99 .

12013–2013
Mehlman v. Mobil Oil Corp. green
nj · 1998
1 sentence

2013Super. 98, 123 (App. Div. 1996), aff'd, 153 N.J. 163 (1998).

12013–2013
Owens-Illinois, Inc. v. United Insurance green
nj · 1994
2 sentences

2003“The words are all familiar and easily understandable.” Id. at 457 , 650 A.2d 974 .

2003“The words are all familiar and easily understandable.” Id. at 457 , 650 A.2d 974 .

12003–2003
State, Department of Environmental Protection v. Standard Tank green
njsuperctappdiv · 1995
2 sentences

2000In construing that language, this court has held that "there must be a showing that a corporate officer had actual responsibility for the condition resulting in the violation or was in a position to prevent the occurrence of the violation but failed to do so....[The officer must have been] in control of the events that result in the violation." State v. Standard Tank, 284 N.J.Super. 381, 403 , 665 A. 2d 753 (App.Div.1995).

2000In construing that language, this court has held that "there must be a showing that a corporate officer had actual responsibility for the condition resulting in the violation or was in a position to prevent the occurrence of the violation but failed to do so....[The officer must have been] in control of the events that result in the violation." State v. Standard Tank, 284 N.J.Super. 381, 403 , 665 A. 2d 753 (App.Div.1995).

12000–2000
MacDougall v. Weichert green
nj · 1996
2 sentences

1996And see MacDougall v. Weichert, 144 N.J. 380, 401 , 677 A. 2d 162 (1996). [3] It is undisputed that the doctors who participate in the clinical trials are not Knoll employees, neither are the participating patients, patients of Knoll.

1996And see MacDougall v. Weichert, 144 N.J. 380, 401 , 677 A. 2d 162 (1996). [3] It is undisputed that the doctors who participate in the clinical trials are not Knoll employees, neither are the participating patients, patients of Knoll.

11996–1996
D'AGOSTINO v. Johnson & Johnson, Inc. green
nj · 1993
2 sentences

1996D'Agostino v. Johnson & Johnson, Inc., 133 N.J. 516, 542 , 628 A. 2d 305 (1993); see Delran Educ.

1996D'Agostino v. Johnson & Johnson, Inc., 133 N.J. 516, 542 , 628 A. 2d 305 (1993); see Delran Educ.

11996–1996
Ken-Lu Enterprises, Inc. v. Neal green
ncctapp · 1976
2 sentences

1978There is a split of authority on this issue outside this state. 15 U.S.C.A. § 1640 (e) reads as follows: Any action under this section may be brought in any United States District Court, or in any other court of competent jurisdiction, within one year from the date of the occurrence of the violation. *509 The leading case holding against the position of defendant is Ken-Lu Enterprises Inc. v. Neal, 29 N.C.

1978App. 78 , 223 S.E. 2d 831 (App. Ct. 1976), cert. den. 429 U.S. 1002 , 97 S.Ct. 533 , 50 L.Ed. 2d 613 (1976).

11978–1978
Davis v. Burlington Northern, Inc. green
scotus · 1976
2 sentences

1978App. 78 , 223 S.E. 2d 831 (App. Ct. 1976), cert. den. 429 U.S. 1002 , 97 S.Ct. 533 , 50 L.Ed. 2d 613 (1976).

1978App. 78 , 223 S.E. 2d 831 (App. Ct. 1976), cert. den. 429 U.S. 1002 , 97 S.Ct. 533 , 50 L.Ed. 2d 613 (1976).

11978–1978

Where else courts name it

CT 43 (1988–2025) MS 36 (1974–2023) OH 21 (1989–2025) PA 20 (1978–2025) GA 18 (1940–2026) TX 17 (1948–2020) CA 16 (1946–2022) IN 16 (1979–2017) NY 16 (1945–2024) IL 14 (1948–2023) NJ 14 (1957–2025) NM 13 (1996–2022) NE 12 (1984–2022) SD 12 (1990–2020) KS 10 (1988–2015) WA 9 (1995–2026) AR 8 (1973–2020) MO 8 (1980–2025) LA 7 (1983–2019) KY 6 (1997–2025) AL 6 (1946–2015) ME 6 (1996–2019) MN 5 (1945–2017) FL 5 (1958–2014) DC 4 (1997–2014) NV 4 (1963–2014) MD 4 (1974–2022) NC 4 (1948–1996) TN 3 (2014–2019) AZ 3 (1981–2010) DE 3 (1977–2025) AK 3 (1990–2016) OR 3 (1945–2008) OK 3 (1950–2023) WV 2 (1979–2008)

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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