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13 New York opinions name it 3 courts 1914–2024 1 in the last five years
The cases below were cited by New York 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 |
|---|---|---|
Golden Nugget Atl. City LLC v. Changreen2 sentences2024City , 216 AD3d at 19-20 ; see New Jersey Administrative Code 5:12-76 et seq ). 2024City , 216 AD3d at 19-20; see New Jersey Administrative Code 5:12-76 et seq ). | 1 | 1 |
Donovan v. Rothmangreen1 sentence2010Donovan v Rothman, 302 AD2d 238, 239 [1st Dept 2003] [affirming dismissal of contract claim on ground of in pari delicto]). [4] The doctrine's full name is in pari delicto potior est conditio defendentis, meaning "[i]n a case of equal or mutual fault, the position of the [defending party] is the better one" ( Baena, 453 F3d at 6 n 5 [internal quotation marks omitted]). [5] Although the Pennsylvania rule (unlike the New Jersey rule) permits in pari delicto to be asserted as a basis for a pretrial motion to dismiss in negligent-auditor cases, any benefit to defendants may prove more speculative | 1 | 1 |
State v. Berrygreen2 sentences2002For example, the standard in New Jersey for allowing such evidence is rule 702 of the New Jersey Rules of Evidence, which, in pertinent part, is identical to rule 702 of the Federal Rules of Evidence, and reads as follows: "If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise." First, the New Jersey rule requires that the testimony concern a matter which i 2002For example, the standard in New Jersey for allowing such evidence is rule 702 of the New Jersey Rules of Evidence, which, in pertinent part, is identical to rule 702 of the Federal Rules of Evidence, and reads as follows: “If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise.” First, the New Jersey rule requires that the testimony concern a matter which i | 1 | 1 |
Melody Home Manufacturing Company v. Morrisongreen1 sentence1979Co. v Morrison, 455 SW2d 825, 826-827 [Tex]; see Keystone Aeronautics Corp. v Enstrom Corp., 499 F2d 146; Sterner Aero AB v Page Airmotive, 499 F2d 709, applying strict products liability where the claimed damages were to the product itself in cases involving helicopter and airplane crashes; see Note, 9 Tex. Tech L Rev 733.) It is unnecessary to predict whether New York courts will follow the New Jersey rule as enunciated in Santor v A & M Karagheusian, Inc. (44 NJ 52, supra). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In re Jacoby
neutral
1 sentence2011As a result of that conviction, respondent (who is also a member of the New Jersey bar) was censured by the New Jersey Supreme Court (see In re Jacoby, 188 NJ 384, 908 A2d 177 [2006]), and, as a matter of reciprocal discipline, by this Court (see Matter of Jacoby, 42 AD3d 196 [2007]). | 1 | 2011–2011 |
In re Jacoby
green
1 sentence2011As a result of that conviction, respondent (who is also a member of the New Jersey bar) was censured by the New Jersey Supreme Court (see In re Jacoby, 188 NJ 384, 908 A2d 177 [2006]), and, as a matter of reciprocal discipline, by this Court (see Matter of Jacoby, 42 AD3d 196 [2007]). | 1 | 2011–2011 |
Baena v. KPMG LLP
green
1 sentence2010Donovan v Rothman, 302 AD2d 238, 239 [1st Dept 2003] [affirming dismissal of contract claim on ground of in pari delicto]). [4] The doctrine's full name is in pari delicto potior est conditio defendentis, meaning "[i]n a case of equal or mutual fault, the position of the [defending party] is the better one" ( Baena, 453 F3d at 6 n 5 [internal quotation marks omitted]). [5] Although the Pennsylvania rule (unlike the New Jersey rule) permits in pari delicto to be asserted as a basis for a pretrial motion to dismiss in negligent-auditor cases, any benefit to defendants may prove more speculative | 1 | 2010–2010 |
In re Vaillancourt
neutral
1 sentence2009By order dated July 12, 2002 (173 NJ 173, 801 A2d 242 [2002]), the Supreme Court of New Jersey temporarily sus pended respondent from practice for his failure to cooperate with a then pending disciplinary investigation involving respondent’s alleged failure to return a portion of settlement funds belonging to a personal injury client. | 1 | 2009–2009 |
In re Kassem
neutral
1 sentence2008By order dated March 18, 2008 (194 NJ 182, 943 A2d 849 [2008]), the New Jersey Supreme Court censured respondent on consent for his commission of a criminal act adversely reflecting upon his honesty, trustworthiness, or fitness as a lawyer. | 1 | 2008–2008 |
Holder v. Polanski
green
1 sentence1991In 1988, the Supreme Court of New Jersey held, in Holder v Polanski (111 NJ 344, 544 A2d 852, 856 ), that the custodial parent need not establish that "real advantage” would emanate from the move. | 1 | 1991–1991 |
Franco v. Fujimoto
green
1 sentence1987On the other hand, the following arguments are offered in support of guidance: " 'Authorities approving such arguments give numerous reasons: (1) that it is necessary that the jury be guided by some reasonable and practical considerations; (2) that a trier of the facts should not be required to determine the matter in the abstract, and relegated to a blind guess; (3) that the very absence of a yardstick makes the contention that counsel’s suggestions of amounts mislead the jury a questionable one; (4) the argument that the evidence fails to provide a foundation for per diem suggestion is uncon | 1 | 1987–1987 |
Colangelo v. Bankers & Shippers Ins. Co. of NY
green
1 sentence1986Co., 185 NJ Super 205, 447 A2d 1356 ; Conklin v Heymann, 124 NJ Super 227, 305 A2d 820 ; see also, Cooper v Government Employees Ins. | 1 | 1986–1986 |
Conklin v. Heymann
green
1 sentence1986Co., 185 NJ Super 205, 447 A2d 1356 ; Conklin v Heymann, 124 NJ Super 227, 305 A2d 820 ; see also, Cooper v Government Employees Ins. | 1 | 1986–1986 |
Dole v. Dow Chemical Co.
red
1 sentence1976Co., 30 NY2d 143 ). | 1 | 1976–1976 |
Willy v. . Mulledy
green
1 sentence1942(Abounader v. Strohmeyer & Arpe Co., 243 N. Y. 458 ; Willy v. Mulledy, 78 N. Y. 310 ; Amberg v. Kinley, 214 N. Y. 531 .) That, however, does not seem to be the New Jersey rule. | 1 | 1942–1942 |
Abounader v. Strohmeyer & Arpe Co.
green
1 sentence1942(Abounader v. Strohmeyer & Arpe Co., 243 N. Y. 458 ; Willy v. Mulledy, 78 N. Y. 310 ; Amberg v. Kinley, 214 N. Y. 531 .) That, however, does not seem to be the New Jersey rule. | 1 | 1942–1942 |
Amberg v. . Kinley
green
1 sentence1942(Abounader v. Strohmeyer & Arpe Co., 243 N. Y. 458 ; Willy v. Mulledy, 78 N. Y. 310 ; Amberg v. Kinley, 214 N. Y. 531 .) That, however, does not seem to be the New Jersey rule. | 1 | 1942–1942 |
Welch v. Waterbury Co.
green
1 sentence1914The learned justice who wrote for the Appellate Division, while in evident sympathy with the conception of public policy declared by Chief Judge Cullen (see Welch v. Waterbury Co., 159 App. Div. 509 ), held that in determining rights governed by the New Jersey statute the'New York courts should give effect to the view of law and policy declared by the highest courts of New Jersey. | 1 | 1914–1914 |
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.