compliance doctrine (New Jersey) · Go Syfert
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compliance doctrine in New Jersey

87 New Jersey opinions name it 4 courts 1924–2026 25 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 (32)

CaseFollowedCited
Alan J. Cornblatt, PA v. Barowgreen
nj · 1998 · cited in 20 New Jersey opinions naming this issue, 1998–2026
2 sentences

2026The doctrine of substantial compliance can be applied "to avoid technical defeat[] of [a] valid claim[]." Fink v. Thompson, 167 N.J. 551, 561 (2001) (quoting Cornblatt v. Barow, 153 N.J. 218, 239 (1998)).

2024"Courts invoke the doctrine of substantial compliance to 'avoid technical defeats of valid claims.'" Id. at 305 (quoting Cornblatt v. Barow, 153 N.J. 218, 239 (1998)).

620
Bernstein v. BD. OF TRUST. TEACHERS'PEN. & ANN. FUNDgreen
njsuperctappdiv · 1977 · cited in 18 New Jersey opinions naming this issue, 1998–2022
2 sentences

2017Ctr., 167 N.J. 341 , 353 (2001) (noting that the substantial compliance doctrine requires, among other things, a series of steps taken to comply with the applicable statute (citing Bernstein v. Bd. of 12 A-2191-15T4 Trs. of the Teachers' Pension and Annuity Fund, 151 N.J.

2008Any technical non-conformity is excusable under the equitable doctrine of substantial compliance. [2] Bernstein v. Bd. of Trs. of Teachers' Pension & Annuity Fund, 151 N.J.Super. 71, 76-77 , 376 A. 2d 563 (App.Div.1977).

618
Galik v. CLARA MAASS MED. CENTERgreen
nj · 2001 · cited in 14 New Jersey opinions naming this issue, 2001–2026
2 sentences

2026The substantial compliance doctrine requires the moving party to show: (1) the lack of prejudice to the defending party; (2) a series of steps taken to comply with the statute involved; (3) a general compliance with the purpose of the statute; (4) a reasonable notice of petitioner's claim; and (5) a reasonable explanation why there was not strict compliance with the statute. [Ferreira, 178 N.J. at151.] "Establishing those elements is a heavy burden." Galik, 167 N.J. at 357.

2018Ctr., 167 N.J. 341 , 353 (2001) (setting forth five elements necessary to invoke the doctrine of substantial compliance).

614
Negron v. Llarenagreen
nj · 1998 · cited in 12 New Jersey opinions naming this issue, 1999–2024
2 sentences

2024"Courts invoke the doctrine of substantial compliance to 'avoid technical defeats of valid claims.'" Id. at 305 (quoting Cornblatt v. Barow, 153 N.J. 218, 239 (1998)).

2024Super. 587, 598 (App. Div. 2003) (quoting Negron, 156 N.J. at 305 ).] We have applied the doctrine of substantial compliance "to excuse an untimely filing in New Jersey where the plaintiff has filed a timely claim in a federal court A-0737-22 4 or the court of another state that was dismissed by that court for lack of jurisdiction and followed by a prompt filing in New Jersey." Schmidt v. Celgene Corp., 425 N.J.

512
County of Hudson v. Stategreen
nj · 2011 · cited in 4 New Jersey opinions naming this issue, 2019–2024
2 sentences

2021The substantial compliance doctrine “operates ‘to prevent barring legitimate claims due to technical defects.’” County of Hudson v. Dep’t of Corr., 208 N.J. 1, 21 (2011) (quoting Lebron v. Sanchez, 407 N.J.

2019Even so, the doctrine can only apply if there is no prejudice to the other party and if there is "a reasonable explanation why there was not strict compliance with the statute." [County. of Hudson v. State, Dep't of Corr., 208 N.J. 1, 21-22 (2011) (alteration in original) (citations omitted).] To warrant application of the doctrine of substantial compliance, the moving party must show: (1) the lack of prejudice to the defendant party; (2) steps taken to comply with the statute; (3) a general compliance with the purpose of the statute; (4) reasonable notice of a plaintiff's claim; and (5) a rea

44
Ferreira v. Rancocas Orthopedic Associatesgreen
nj · 2003 · cited in 8 New Jersey opinions naming this issue, 2007–2021
2 sentences

2019Relying upon an affidavit of merit decision, Ferreira v. Rancocas Orthopedic Associates, 178 N.J. 144, 151 (2003), plaintiff argues that the substantial compliance doctrine requires the moving party to show: "(1) the lack of prejudice to the defending party; (2) a series of steps taken to comply with the statute involved; (3) a general compliance with the purpose of the statute; (4) a reasonable notice of [plaintiff's] claim; and (5) a reasonable explanation why there was not strict compliance with the statute." See Galik v. Clara Maass Med.

2019The doctrine of substantial compliance "is invoked so that technical defects will not defeat a valid claim" and provides that "[a] complaint will not be dismissed if the plaintiff can show that he has substantially complied with the statute." Ferreira, 178 N.J. at 151 .

38
D.D. v. University of Medicine & Dentistrygreen
nj · 2013 · cited in 6 New Jersey opinions naming this issue, 2019–2021
2 sentences

2021Super. 71, 76-77 (App. Div. 1977)).] In Tort Claims Act cases, the doctrine of substantial compliance “has been limited carefully to those situations in which the notice, although both timely and in writing, had technical deficiencies that did not deprive the public entity of the effective notice contemplated by the statute.” D.D., 213 N.J. at 159 .

2021In the context of the TCA, the substantial compliance doctrine "has been limited carefully to those situations in which the notice, although both timely and in writing, had technical deficiencies that did not deprive the public entity of the effective notice contemplated by the statute." D.D., 213 N.J. at 159 .

26
Fink v. Thompsongreen
nj · 2001 · cited in 3 New Jersey opinions naming this issue, 2010–2026
2 sentences

2026The doctrine of substantial compliance can be applied "to avoid technical defeat[] of [a] valid claim[]." Fink v. Thompson, 167 N.J. 551, 561 (2001) (quoting Cornblatt v. Barow, 153 N.J. 218, 239 (1998)).

2021Fink v. Thompson, 167 N.J. 551, 561 (2001).

23
Joseph Vanderslice v. Harold Stewart and Camden County (073362)green
nj · 2015 · cited in 3 New Jersey opinions naming this issue, 2019–2024
2 sentences

2024See Vanderslice, 220 N.J. at 391 (recognizing that "a delay in satisfaction of the service requirement does not have the same deleterious effect upon efficient administration of the arbitration program as a failure to file the demand within time" (quoting Flett Assocs., 361 N.J.

2024See Vanderslice, 220 N.J. at 391 (recognizing that "a delay in satisfaction of the service requirement does not have the same deleterious effect upon efficient administration of the arbitration program as a failure to file the demand within time" (quoting Flett Assocs., 361 N.J.

23
Flett Associates v. SD CATALANOgreen
njsuperctappdiv · 2003 · cited in 2 New Jersey opinions naming this issue, 2024–2024
2 sentences

2024See Vanderslice, 220 N.J. at 391 (recognizing that "a delay in satisfaction of the service requirement does not have the same deleterious effect upon efficient administration of the arbitration program as a failure to file the demand within time" (quoting Flett Assocs., 361 N.J.

2024See Vanderslice, 220 N.J. at 391 (recognizing that "a delay in satisfaction of the service requirement does not have the same deleterious effect upon efficient administration of the arbitration program as a failure to file the demand within time" (quoting Flett Assocs., 361 N.J.

22
Lebron v. Sanchezgreen
njsuperctappdiv · 2009 · cited in 2 New Jersey opinions naming this issue, 2020–2021
2 sentences

2021The substantial compliance doctrine “operates ‘to prevent barring legitimate claims due to technical defects.’” County of Hudson v. Dep’t of Corr., 208 N.J. 1, 21 (2011) (quoting Lebron v. Sanchez, 407 N.J.

2021The substantial compliance doctrine “operates ‘to prevent barring legitimate claims due to technical defects.’” County of Hudson v. Dep’t of Corr., 208 N.J. 1, 21 (2011) (quoting Lebron v. Sanchez, 407 N.J.

22
ZAMEL, ET UX. v. Port of NY Authoritygreen
nj · 1970 · cited in 10 New Jersey opinions naming this issue, 1998–2023
2 sentences

2023"Courts invoke the doctrine of substantial compliance to 'avoid technical defeats of valid claims.'" Cornblatt v. Barow, 153 N.J. 218, 239 (1998) (quoting Zamel v. Port of New York Auth., 56 N.J. 1, 6 (1970)).

2006“Courts invoke the doctrine of substantial compliance ‘to avoid technical defects of valid claims.’ ” Cornblatt v. Barow, 153 N.J. 218, 239 , 708 A.2d 401 (1998) (quoting Zamel v. Port of New York Auth., 56 N.J. 1, 6 , 264 A.2d 201 (1970)).

110
Villalobos v. Favagreen
njsuperctappdiv · 2001 · cited in 2 New Jersey opinions naming this issue, 2007–2021
2 sentences

2021As required by the doctrine of substantial compliance, equitable tolling requires plaintiffs to "diligently pursue their claims" because although it "'affords relief from inflexible, harsh or unfair application of a statute of limitations,' [it] does not excuse claimants from exercising the reasonable insight and diligence required to pursue their claims." Id. at 31-32 (quoting Villalobos v. Fava, 342 N.J.

2007As required by the doctrine of substantial compliance, equitable tolling requires plaintiffs to "diligently pursue their claims" because although it "`affords relief from inflexible, harsh or unfair application of a statute of limitations,' [it] does not excuse claimants from exercising the reasonable insight and diligence required to pursue their claims." Id. at 31-32, 788 A. 2d 867 (quoting Villalobos v. Fava, 342 N.J.Super. 38, 52 , 775 A. 2d 700 (App.Div.), certif. denied, 170 N.J. 210 , 785 A. 2d 438 (2001)).

12
A-3601-13t2 Ariel Schochet v. Sharona Schochetgreen
njsuperctappdiv · 2014 · cited in 1 New Jersey opinions naming this issue, 2026–2026
1 sentence

2026We have held the objective of a compliance hearing "is simply to determine whether that failure was excusable or willful"; in other words, whether "the obligor was able to pay and did not." Schochet v. Schochet, 435 N.J.

11
CES Associates v. Cranbury Townshipgreen
njsuperctappdiv · 1995 · cited in 1 New Jersey opinions naming this issue, 2025–2025
1 sentence

2025See CES Associates v. Cranbury Twp., 15 N.J.

11
Leake v. Bullockgreen
njsuperctappdiv · 1969 · cited in 1 New Jersey opinions naming this issue, 2025–2025
1 sentence

2025See Leake v. Bullock, 104 N.J.

11
Schmidt v. CELGENE CORP.green
njsuperctappdiv · 2012 · cited in 1 New Jersey opinions naming this issue, 2024–2024
1 sentence

2024Super. 587, 598 (App. Div. 2003) (quoting Negron, 156 N.J. at 305 ).] We have applied the doctrine of substantial compliance "to excuse an untimely filing in New Jersey where the plaintiff has filed a timely claim in a federal court A-0737-22 4 or the court of another state that was dismissed by that court for lack of jurisdiction and followed by a prompt filing in New Jersey." Schmidt v. Celgene Corp., 425 N.J.

11
In re the Adoption of Rules Concerning Conduct of Judges of Compensationgreen
njsuperctappdiv · 1990 · cited in 1 New Jersey opinions naming this issue, 2022–2022
1 sentence

2022See, e.g., In re Adoption of Rules Concerning Conduct of Judges of Comp., N.J.A.C. 12:235-3.11 Through 3.23, 244 N.J.

11
Binder v. Price Waterhouse & Co., LLPgreen
njsuperctappdiv · 2007 · cited in 1 New Jersey opinions naming this issue, 2021–2021
1 sentence

2021Super. 38, 52 (App. Div.), certif. denied, 170 N.J. 210 (2001)). [Binder v. Price Waterhouse & Co., 393 N.J.

11
McDade v. Siazongreen
nj · 2011 · cited in 1 New Jersey opinions naming this issue, 2020–2020
1 sentence

2020Specifically, those purposes are: (1) to allow the public entity at least six months for administrative review with the opportunity to settle meritorious claims prior to the bringing of suit; (2) to provide the public entity with prompt notification of a claim in order to adequately investigate the facts and prepare a defense; (3) to afford the public entity a chance to correct the conditions or practices which gave rise to the claim; and (4) to inform the State in advance as to the indebtedness or liability that it may be expected to meet. [McDade v. Siazon, 208 N.J. 463, 475-76 (2011) (inter

11
Psak, Graziano, Piasecki & Whitelaw v. Fleet National Bankgreen
njsuperctappdiv · 2007 · cited in 1 New Jersey opinions naming this issue, 2019–2019
11
Henderson v. Hermangreen
njsuperctappdiv · 2004 · cited in 1 New Jersey opinions naming this issue, 2019–2019
11
Palanque v. Lambert-Woolleygreen
nj · 2001 · cited in 1 New Jersey opinions naming this issue, 2018–2018
11
Guzman v. City of Perth Amboygreen
njsuperctappdiv · 1986 · cited in 1 New Jersey opinions naming this issue, 2011–2011
11
Sroczynski v. Milekgreen
nj · 2008 · cited in 1 New Jersey opinions naming this issue, 2009–2009
11
Moore v. Magor Car Corp.green
nj · 1958 · cited in 1 New Jersey opinions naming this issue, 2005–2005
11
State v. Moegreen
nd · 1998 · cited in 1 New Jersey opinions naming this issue, 2004–2004
11
State v. Moreaugreen
njsuperctappdiv · 1995 · cited in 1 New Jersey opinions naming this issue, 2004–2004
11
Ethridge v. Allied Equipment & Supply Co.green
njsuperctappdiv · 1953 · cited in 1 New Jersey opinions naming this issue, 1971–1971
11
Eller v. Cincinnati, New Orleans & Texas Pacific Railway Co.green
scotus · 1952 · cited in 1 New Jersey opinions naming this issue, 1953–1953
11
Borough of Little Ferry v. Bergen County Sewer Authoritygreen
scotus · 1952 · cited in 1 New Jersey opinions naming this issue, 1953–1953
11
Bergen County Sewer Authority v. Borough of Little Ferrygreen
nj · 1950 · cited in 1 New Jersey opinions naming this issue, 1953–1953
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 (34)

CaseCitedYears
Hoffman Plastic Compounds, Inc. v. National Labor Relations Board green
scotus · 2002
2 sentences

2026Id. at 141 .

2026Id. at 141 .

22026–2026
Jefferson Street Condominium Ass'n v. Paige green
njsuperctappdiv · 2002
2 sentences

2025Ibid. (citing Weise v. Dover Gen.

2025Jefferson, 346 N.J.

22025–2025
Corcoran v. St. Peter's Med. Ctr. green
njsuperctappdiv · 2001
2 sentences

2003In concluding that the requirement of service of a trial de novo demand can be satisfied by substantial compliance, we noted that the courts of this State have applied the substantial compliance doctrine in various other contexts "where a party files a pleading or other court document in a timely manner, but fails to make service in strict accordance with the governing court rule or statute." Id. at 342 , 771 A. 2d 707 .

2003In concluding that the requirement of service of a trial de novo demand can be satisfied by substantial compliance, we noted that the courts of this State have applied the substantial compliance doctrine in various other contexts "where a party files a pleading or other court document in a timely manner, but fails to make service in strict accordance with the governing court rule or statute." Id. at 342 , 771 A. 2d 707 .

22002–2003
Burns v. Belafsky green
njsuperctappdiv · 1999
2 sentences

2000Moreover, in Burns v. Belafsky, 326 N.J.Super. 462, 468 , 741 A. 2d 649 (App.Div.1999), certif. granted, 164 N.J. 189 , 752 A. 2d 1291 (2000), we held that the substantial compliance doctrine is implicated only in the narrow context "where a certification was *170 used in lieu of an affidavit." We observed that "[t]he Supreme Court set forth the requisite circumstances justifying invocation of the substantial compliance doctrine." Id. at 468-69, 741 A. 2d 649 .

2000Moreover, in Burns v. Belafsky, 326 N.J.Super. 462, 468 , 741 A. 2d 649 (App.Div.1999), certif. granted, 164 N.J. 189 , 752 A. 2d 1291 (2000), we held that the substantial compliance doctrine is implicated only in the narrow context "where a certification was *170 used in lieu of an affidavit." We observed that "[t]he Supreme Court set forth the requisite circumstances justifying invocation of the substantial compliance doctrine." Id. at 468-69, 741 A. 2d 649 .

22000–2001
Ricra v. Barbera green
njsuperctappdiv · 2000
2 sentences

2001Id. at 431-32 , 746 A.2d 68 .

2001Id. at 431-32 , 746 A.2d 68 .

22001–2001
New Jersey Division of Youth & Family Services v. F.M. green
nj · 2012
1 sentence

2024This minimal delay does not offend notions of due process nor does it warrant the drastic relief sought by defendant, which would "upend a properly conducted guardianship hearing at which the A-1066-23 12 family court has fairly found that termination of parental rights is in the best interests of the children." See F.M., 211 N.J. at 446 .

12024–2024
A.T. v. Cohen green
nj · 2017
1 sentence

2024Next, relying on our Supreme Court's decision in A.T. v. Cohen, 231 N.J. 337 (2017), plaintiff argues the court erred in failing to find extraordinary circumstances.

12024–2024
Borough of Berlin v. Remington & Vernick Engineers green
njsuperctappdiv · 2001
1 sentence

2022Applying the doctrine of substantial compliance, the Appellate Division held that the plaintiff’s expert hydrogeologist was “the ‘appropriate licensed person,’ despite the fact that only the engineering firm was sued,” because “[t]he liability pressed against the engineering firm [was] solely vicarious.” Id. at 598 .

12022–2022
United Jersey Bank v. Kensey green
nj · 1998
1 sentence

2021As required by the doctrine of substantial compliance, equitable tolling requires plaintiffs to "diligently pursue their claims" because although it "'affords relief from inflexible, harsh or unfair application of a statute of limitations,' [it] does not excuse claimants from exercising the reasonable insight and diligence required to pursue their claims." Id. at 31-32 (quoting Villalobos v. Fava, 342 N.J.

12021–2021
Beauchamp v. Amedio green
nj · 2000
1 sentence

2020Specifically, those purposes are: (1) to allow the public entity at least six months for administrative review with the opportunity to settle meritorious claims prior to the bringing of suit; (2) to provide the public entity with prompt notification of a claim in order to adequately investigate the facts and prepare a defense; (3) to afford the public entity a chance to correct the conditions or practices which gave rise to the claim; and (4) to inform the State in advance as to the indebtedness or liability that it may be expected to meet. [McDade v. Siazon, 208 N.J. 463, 475-76 (2011) (inter

12020–2020
Nascimento v. King green
njsuperctappdiv · 2005
12019–2019
Madej v. Doe green
njsuperctappdiv · 1984
12011–2011
Tuckey v. Harleysville Ins. Co. green
njsuperctappdiv · 1989
12011–2011
DR Horton, Inc. v. NJ DEP. OF ENVIRONMENTAL PROTECTION neutral
njsuperctappdiv · 2006
12009–2009
Sroczynski v. Milek green
njsuperctappdiv · 2007
12008–2008
Freeman v. State green
njsuperctappdiv · 2002
12007–2007
Schaible Oil Co. v. New Jersey Department of Environmental Protection green
njsuperctappdiv · 1991
12006–2006
White v. Violent Crimes Compensation Board green
nj · 1978
12006–2006
Verbiest v. NJ FULL INS. ASS'N green
njsuperctappdiv · 1992
12005–2005
In re the Estate of Gerhardt green
njsuperctappdiv · 2000
12003–2003
In Re the Probate of the Alleged Will of Ranney green
nj · 1991
12003–2003
Matter of Estate of Peters green
nj · 1987
12003–2003
Abbott Ex Rel. Abbott v. Burke green
nj · 2002
12002–2002
Matter of Commitment of BH green
njsuperctappdiv · 1986
12002–2002
Gerzsenyi v. Richardson green
njsuperctappdiv · 1986
12001–2001
Burns v. Belafsky green
nj · 2001
12001–2001
Hartsfield v. Fantini green
nj · 1997
12001–2001
Giardina v. Bennett green
nj · 1988
11999–1999
Baumann v. Marinaro green
nj · 1984
11999–1999
Morris County Fair Housing Council v. Boonton Tp. green
njsuperctappdiv · 1986
11996–1996
Turi v. Turi green
njsuperctappdiv · 1955
11960–1960
Bronstein v. Payne green
md · 1921
11951–1951
Haston v. Castner green
nj · 1879
11933–1933
Lasker v. Lasker green
njch · 1920
11924–1924

Statutes the citing opinions construe

NJ § N.J. Stat. § 2A:53A-27 (11) NJ § N.J. Stat. § 59:1-1 (8) NJ § N.J. Stat. § 2A:53A-29 (7) NJ § N.J. Stat. § 59:8-4 (7) NJ § N.J. Stat. § 59:8-8 (7) NJ § N.J. Stat. § 2A:53A-26 (6) NJ § N.J. Stat. § 2A:31-1 (5) NJ § N.J. Stat. § 59:8-9 (5) NJ § N.J. Stat. § 59:8-7 (4) NJ § N.J. Stat. § 2A:14-2 (3) NJ § N.J. Stat. § 2A:23A-26 (3) NJ § N.J. Stat. § 59:8-6 (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

CA 186 (1892–2026) OH 184 (1896–2026) TX 123 (1878–2026) WA 110 (1931–2026) IL 109 (1874–2026) NJ 87 (1924–2026) IA 79 (1885–2025) NY 73 (1845–2026) MS 71 (1870–2026) MI 60 (1887–2025) KY 52 (1921–2026) PA 52 (1859–2025) MO 49 (1890–2018) UT 49 (1988–2024) CO 36 (1890–2026) GA 36 (1898–2025) IN 31 (1870–2020) KS 31 (1890–2025) MD 29 (1909–2019) CT 27 (1926–2024) LA 26 (1916–2024) AL 26 (1909–1995) FL 26 (1893–2024) TN 26 (1967–2026) OK 21 (1911–2024) AR 19 (1906–2021) MN 19 (1892–2016) AZ 17 (1934–2026) WI 14 (1958–2026) NV 13 (1923–2023) VA 13 (1891–2025) DC 13 (1948–2024) MT 12 (1907–2025) NE 12 (1898–2020) NM 12 (1987–2019) SD 11 (1996–2024) OR 10 (1909–2026) NC 10 (1896–2020) HI 9 (1912–2006) ME 7 (1982–2016) MA 7 (1915–2023) WV 7 (1921–1999) VT 6 (1908–2018) WY 6 (1921–2005) ND 5 (1898–1995) AK 5 (1977–2021) SC 5 (1929–2007) DE 4 (1971–2015) ID 4 (1931–2023) NH 3 (1989–2020) PR 2 (1929–1930) VI 2 (2000–2024)

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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