eight factors (New Jersey) · Go Syfert
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eight factors in New Jersey

12 New Jersey opinions name it 2 courts 1993–2024 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.

Followed or applied (5)

CaseFollowedCited
Davidson Bros. v. D. Katz & Sons, Inc.green
nj · 1990 · cited in 2 New Jersey opinions naming this issue, 2021–2024
2 sentences

2024The trial court considered the restrictive covenants under the eight factors enumerated in Davidson Bros., 121 N.J. at 211-12 , and applied in Committee A-1563-21 28 for a Better Twin Rivers v. Twin Rivers Homeowners' Ass'n., 192 N.J. 344 , 370- 71 (2007), and found the language was not vague or arbitrary.

2021Katz & Sons, Inc., 121 N.J. 196, 211-12 (1990), Judge Innes found that enforcement of the deed restrictions on defendants' property was reasonable.

12
State v. Johnsongreen
nj · 1972 · cited in 1 New Jersey opinions naming this issue, 2024–2024
1 sentence

2024See State v. Johnson, 61 N.J. 351, 364-65 (1972).

11
Litton Industries, Inc. v. IMO Industries, Inc.green
nj · 2009 · cited in 1 New Jersey opinions naming this issue, 2017–2017
1 sentence

2017Scrutinizing the certification in support of the application, the judge's central finding was the case was litigated in a manner all out of proportion with the amount of money at issue. 14 A-5465-14T3 See Litton Indus., Inc. v. IMO Indus., Inc., 200 N.J. 372, 387 (2009).

11
In Re the Adoption of a Child by W.P.green
nj · 2000 · cited in 1 New Jersey opinions naming this issue, 2001–2001
2 sentences

2001In an apparent response to concerns that it *543 constituted "a gross invasion of the sanctity and privacy of the family unit," the bill was amended, setting forth the eight factors as a way of limiting the intrusive elements of the act. [Id. at 166, 748 A. 2d 515 (citation omitted).] The Court also inferred from the legislative history that "the Legislature believed that parental autonomy should be afforded deference." Ibid.

2001In an apparent response to concerns that it *543 constituted "a gross invasion of the sanctity and privacy of the family unit," the bill was amended, setting forth the eight factors as a way of limiting the intrusive elements of the act. [Id. at 166, 748 A. 2d 515 (citation omitted).] The Court also inferred from the legislative history that "the Legislature believed that parental autonomy should be afforded deference." Ibid.

11
DIV. 540 v. Mercer County Improvement Authoritygreen
nj · 1978 · cited in 1 New Jersey opinions naming this issue, 1993–1993
2 sentences

1993See Division 540, Amalgamated Transit Union v. Mercer County Improvement Auth., 76 N.J. 245, 253 , 386 A. 2d 1290 (1978) (recognizing the necessity for more extensive judicial oversight in the compulsory arbitration setting than would be required for parties who voluntarily submitted to binding arbitration of their dispute).

1993See Division 540, Amalgamated Transit Union v. Mercer County Improvement Auth., 76 N.J. 245, 253 , 386 A. 2d 1290 (1978) (recognizing the necessity for more extensive judicial oversight in the compulsory arbitration setting than would be required for parties who voluntarily submitted to binding arbitration of their dispute).

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
Committee for a Better Twin Rivers v. Twin Rivers Homeowners' Ass'n green
nj · 2007
1 sentence

2024The trial court considered the restrictive covenants under the eight factors enumerated in Davidson Bros., 121 N.J. at 211-12 , and applied in Committee A-1563-21 28 for a Better Twin Rivers v. Twin Rivers Homeowners' Ass'n., 192 N.J. 344 , 370- 71 (2007), and found the language was not vague or arbitrary.

12024–2024
United States v. Phifer green
ca11 · 2018
1 sentence

2021But to schedule a substance in Schedule I on a temporary basis, the Attorney General, (who has delegated that authority to the DEA, see Phifer, 909 F.3d at 375 ), must find doing so "is necessary to avoid an imminent hazard to the public safety," 21 U.S.C. § 811 (h)(1), after considering only factors four, five, and six — "history and current pattern of A-3676-17 17 abuse"; "scope, duration, and significance of abuse"; and any "risk . . . to the public health," 21 U.S.C. § 811 (h)(3).

12021–2021
Berzito v. Gambino green
nj · 1973
1 sentence

2019Although the trial court did not consider the eight factors in Berzito, 63 N.J. at 470 , in this instance such oversight was harmless, as there is a dearth of evidence the water leaks rendered the premises uninhabitable.

12019–2019
Griffith v. Tressel green
njsuperctappdiv · 2007
2 sentences

2017“The focus of that inquiry is whether ‘the court of another State is in a better position to make the custody determination, taking into consideration the relative circumstances of the parties.’ ” Griffith v. Tressel, supra, 394 N.J.Super. at 148 , 925 A.2d 702 (quoting UCCJEA, § 207, comment at 683).

2017“The focus of that inquiry is whether ‘the court of another State is in a better position to make the custody determination, taking into consideration the relative circumstances of the parties.’ ” Griffith v. Tressel, supra, 394 N.J.Super. at 148 , 925 A.2d 702 (quoting UCCJEA, § 207, comment at 683).

12017–2017
North Jersey Newspaper Guild v. Rakos green
njsuperctappdiv · 1970
1 sentence

2015It then set forth the following eight factors to be used when analyzing the reasonableness of the fine: 1) methods and formulas used for calculation, (2) the member's conduct for which the fine was imposed, (3) income of the member, (4) amount of fine, (5) resulting harm or damage to the union or its other members, (6) nature of offenses being punished, (7) manner and extent to which the member benefited or profited, and (8) the current economic conditions. [Ibid. (citations omitted).] In Newspaper Guild, supra, 110 N.J.

12015–2015
Johnson v. NOVASTAR MORTGAGE, INC. green
njd · 2010
1 sentence

2014We concur with the District Court that the eight factors set forth in O’Brien are “useful and consistent with New Jersey equitable mortgage jurisprudence.” Johnson, supra, 698 F.Supp.2d at 470 .

12014–2014
Finova Capital Corp. v. Ryan Helicopters U.S.A., Inc. green
ca7 · 1999
1 sentence

2001The following eight factors, have recently been identified as appropriate for the federal court to consider in exercising its discretion in favor of, or against, abstention. (1) the identity of the court that first assumed jurisdiction over the property; (2) the relative inconvenience of the federal forum; (3) the need to avoid piecemeal litigation; (4) the order in which the respective proceedings were filed; (5) whether federal or foreign law provides the rule of decision; (6) whether the foreign action protects the federal plaintiff's rights; (7) the relative progress of federal and foreign

12001–2001
New Jersey State Policemen's Benevolent Ass'n, Local 29 v. Town of Irvington green
nj · 1979
1 sentence

1993A compulsory arbitration award must be "`based on a reasonable determination of the issues' and... such awards may be vacated, among other things, should the arbitrator have failed to `giv[e] due weight' to the eight factors enumerated in N.J.S.A. 34:13A-16g." Id. at 293 , 403 A. 2d 473 .

11993–1993

Where else courts name it

TX 42 (1993–2022) MI 41 (1983–2026) MO 32 (1989–2024) KS 29 (1979–2026) OH 22 (1999–2024) MS 21 (1992–2024) CA 17 (1990–2026) NY 16 (1989–2020) WA 15 (1982–2026) NC 14 (2000–2024) DE 13 (1988–2026) IL 12 (1987–2024) NJ 12 (1993–2024) OK 10 (1994–2023) WV 10 (1993–2016) SC 10 (1992–2007) AR 7 (2008–2025) FL 7 (1972–2013) ME 6 (1999–2016) CO 4 (2008–2015) LA 4 (1986–1999) VA 4 (1987–2024) WI 3 (2001–2022) IA 3 (1985–2014) MN 3 (2003–2013) AL 3 (1997–2008) RI 3 (2000–2019) MD 3 (1999–2014) AK 3 (2014–2025) KY 3 (2001–2008) TN 3 (1999–2018) MT 3 (2001–2013) HI 3 (1984–2012) GA 2 (2013–2013) NH 2 (1985–2022) NM 2 (2000–2015) SD 2 (2004–2010) OR 2 (2016–2023) WY 2 (2010–2024) AZ 2 (2006–2021) NE 2 (2018–2019) UT 2 (2010–2012) MA 2 (1994–1996)

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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