dismissed claim (New Jersey) · Go Syfert
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dismissed claim in New Jersey

12 New Jersey opinions name it 2 courts 1966–2024 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 (6)

CaseFollowedCited
Banco Popular North America v. Gandigreen
nj · 2005 · cited in 1 New Jersey opinions naming this issue, 2022–2022
1 sentence

2022A civil conspiracy occurs when "two or more persons act[] in concert to commit an unlawful act, or to commit a lawful act by unlawful means, the principal element of which is an agreement between the parties to inflict a wrong against or injury upon another, and an overt act that results in damage." Banco Popular North America v. Gandi, 184 N.J. 161, 177 (2005).

11
Buccilli v. Timby, Brown & Timbygreen
njsuperctappdiv · 1995 · cited in 1 New Jersey opinions naming this issue, 2019–2019
1 sentence

2019Id. at 10, 13 .

11
Salek v. Passaic Collegiate Schoolgreen
njsuperctappdiv · 1992 · cited in 1 New Jersey opinions naming this issue, 1999–1999
2 sentences

1999See Salek v. Passaic Collegiate School, 255 N.J.Super. 355, 361 , 605 A. 2d 276 (App.Div.1992) (trial court properly dismissed claims of intentional or negligent infliction of emotional distress, which claims paralleled the dismissed claim of defamation); Bainhauer v. Manoukian, 215 N.J.Super. 9, 48 , 520 A. 2d 1154 (App.Div.1987) (malicious-interference-with-employment count was predicated on the same facts alleged in the defamation count and could survive only if the defamation count did).

1999See Salek v. Passaic Collegiate School, 255 N.J.Super. 355, 361 , 605 A. 2d 276 (App.Div.1992) (trial court properly dismissed claims of intentional or negligent infliction of emotional distress, which claims paralleled the dismissed claim of defamation); Bainhauer v. Manoukian, 215 N.J.Super. 9, 48 , 520 A. 2d 1154 (App.Div.1987) (malicious-interference-with-employment count was predicated on the same facts alleged in the defamation count and could survive only if the defamation count did).

11
BERENDS EX REL. BERENDS v. City of Atlantic Citygreen
njsuperctappdiv · 1993 · cited in 1 New Jersey opinions naming this issue, 1996–1996
2 sentences

1996Id. at 81 , 621 A.2d 972 .

1996Id. at 81 , 621 A.2d 972 .

11
Cappiello v. Ragen Precision Indus., Inc.green
njsuperctappdiv · 1984 · cited in 1 New Jersey opinions naming this issue, 1988–1988
1 sentence

1988The trial court dismissed this claim on the basis of Cappiello v. Ragen Precision Indus., Inc., 192 N.J.

11
Claremont Country Club v. Industrial Accident Commissiongreen
cal · 1917 · cited in 1 New Jersey opinions naming this issue, 1988–1988
1 sentence

1988The Court added that “these caddies are employed by the club, and the service which they render simply happens from its nature to be directed to contribute to the convenience and pleasure of the individual members of the club.” 163 P. at 210, 211 .

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 (7)

CaseCitedYears
DepoLink Court Reporting & Litigation Support Services v. Rochman green
njsuperctappdiv · 2013
1 sentence

2024The trial court dismissed the claim and we affirmed, concluding the defendant had not transacted with the collection agency through "an offer to sell merchandise, nor did [the] defendant buy anything from the collection agency." Id. at 339 .

12024–2024
Buckley v. Trenton Saving Fund Society green
nj · 1988
1 sentence

2018Neither plaintiff testified in their depositions to distress "so severe that no reasonable [person] could be expected to endure it." Buckley, 111 N.J. at 366 . [Id., slip op. at 14.] Our 2016 opinion reversed and remanded the trial court's dismissal of plaintiffs' professional negligence claim because the trial court dismissed that claim without setting forth its reasons.

12018–2018
Tedards v. Auty green
njsuperctappdiv · 1989
1 sentence

2009The trial court dismissed the claim for malicious abuse of process for reasons not germane to our analysis, and the decision affirming that order has not been challenged. 6 The intentional infliction of emotional distress claim was dismissed on Giordano's motion in pretrial proceedings and is not before us. 7 For purposes of our analysis of the applicable legal principles, our references to Schwartz are intended to embrace Grace Schwartz and her daughters. 8 Bills have been introduced periodically by sponsors in both the Senate and the Assembly, but none has been enacted. 9 Although there is a

12009–2009
Frugis v. Bracigliano green
nj · 2003
2 sentences

2006Any such action shall be brought within two years after reasonable discovery." Although plaintiff was conscious of the abuse, he alleges that he was not aware of the relationship between the abuse and his psychological and other injuries until, at the earliest, the fall of 1999. [5] Terri Hardwicke did not take an interlocutory appeal after the trial court dismissed her claim. [6] Frugis involved an action against a local Board of Education for "negligent hiring, negligent supervision, and vicarious liability" in connection with the conduct of an elementary school principal. 177 N.J. at 257-58

2006Any such action shall be brought within two years after reasonable discovery." Although plaintiff was conscious of the abuse, he alleges that he was not aware of the relationship between the abuse and his psychological and other injuries until, at the earliest, the fall of 1999. [5] Terri Hardwicke did not take an interlocutory appeal after the trial court dismissed her claim. [6] Frugis involved an action against a local Board of Education for "negligent hiring, negligent supervision, and vicarious liability" in connection with the conduct of an elementary school principal. 177 N.J. at 257-58

12006–2006
Bainhauer v. Manoukian green
njsuperctappdiv · 1987
2 sentences

1999See Salek v. Passaic Collegiate School, 255 N.J.Super. 355, 361 , 605 A. 2d 276 (App.Div.1992) (trial court properly dismissed claims of intentional or negligent infliction of emotional distress, which claims paralleled the dismissed claim of defamation); Bainhauer v. Manoukian, 215 N.J.Super. 9, 48 , 520 A. 2d 1154 (App.Div.1987) (malicious-interference-with-employment count was predicated on the same facts alleged in the defamation count and could survive only if the defamation count did).

1999See Salek v. Passaic Collegiate School, 255 N.J.Super. 355, 361 , 605 A. 2d 276 (App.Div.1992) (trial court properly dismissed claims of intentional or negligent infliction of emotional distress, which claims paralleled the dismissed claim of defamation); Bainhauer v. Manoukian, 215 N.J.Super. 9, 48 , 520 A. 2d 1154 (App.Div.1987) (malicious-interference-with-employment count was predicated on the same facts alleged in the defamation count and could survive only if the defamation count did).

11999–1999
Tirrell v. Navistar Intern., Inc. green
nj · 1991
2 sentences

1992We granted certification, 126 N.J. 386 , 599 A.2d 162 (1991).

1992We granted certification, 126 N.J. 386 , 599 A. 2d 162 (1991).

11992–1992
DeCarlo v. Borough of Cliffside Park neutral
njsuperctappdiv · 1965
1 sentence

1966It held that the law would not recognize any such damage claim against the Borough on the basis of the illegal designation of the avenues as one-way streets. 86 N.J.

11966–1966

Statutes the citing opinions construe

NJ § N.J. Stat. § 56:8-1 (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

NY 49 (1910–2025) IL 44 (1980–2026) OH 34 (1989–2025) TX 28 (1961–2024) PA 27 (1943–2025) WA 27 (1988–2024) CA 20 (1957–2025) FL 19 (1973–2024) MI 18 (1980–2024) LA 15 (1950–2025) NJ 12 (1966–2024) AZ 12 (1971–2023) CO 11 (1962–2026) MD 10 (1961–2020) TN 10 (1978–2022) OR 10 (1973–2026) WI 10 (1977–2025) VT 9 (1988–2023) OK 8 (1931–2023) MO 8 (1988–2017) UT 8 (1987–2025) AL 7 (1976–2026) DC 6 (1974–2021) MS 6 (1996–2019) IN 5 (1987–2015) NC 5 (2001–2017) GA 4 (1970–2017) VA 4 (1981–2016) SD 4 (2007–2018) NH 4 (1995–2017) KY 4 (1986–2020) ID 4 (1983–2018) NM 4 (1970–2011) DE 4 (2017–2026) SC 4 (1983–2025) AR 3 (1986–2023) KS 3 (1989–2023) WV 3 (1999–2005) IA 3 (1961–2017) NE 2 (1990–2005) ND 2 (2003–2005) RI 2 (1991–2004) WY 2 (1985–2018) CT 2 (1998–2014) MN 2 (1987–2000)

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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