12 New Jersey opinions name it 2 courts 1986–2021 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.
| Case | Followed | Cited |
|---|---|---|
Stryker Corp. v. Director, Division of Taxationgreen1 sentence2021A-3097-18 38 [Stryker Corp. v. Dir., Div. of Taxation, 168 N.J. 138, 152 (2001) (citing Complete Auto Transit, Inc. v. Brady, 430 U.S. 274, 282 (1977))]. 12 Plaintiffs do not assert Chapter 68 or the Ordinance fail the first prong of the Complete Auto test, and the argument regarding prong four is limited to a single sentence and accompanying footnote. 13 We, therefore, focus on plaintiffs' challenges under prongs two and three of the Complete Auto test. | 1 | 1 |
Complete Auto Transit, Inc. v. Bradygreen1 sentence2021A-3097-18 38 [Stryker Corp. v. Dir., Div. of Taxation, 168 N.J. 138, 152 (2001) (citing Complete Auto Transit, Inc. v. Brady, 430 U.S. 274, 282 (1977))]. 12 Plaintiffs do not assert Chapter 68 or the Ordinance fail the first prong of the Complete Auto test, and the argument regarding prong four is limited to a single sentence and accompanying footnote. 13 We, therefore, focus on plaintiffs' challenges under prongs two and three of the Complete Auto test. | 1 | 1 |
Hopkins v. Fox & Lazo Realtorsgreen2 sentences2021The Supreme Court has identified a four- part framework that guides a duty analysis, requiring evaluation of four factors: "the relationship of the parties; the nature of the risk; the ability to exercise care; and public policy considerations." Id. at 317 (quoting Hopkins v. Fox & Lazo Realtors, 132 N.J. 426, 438-39 (1993)). 2021However, "[i]n carrying out this important function, [the Supreme Court has] recognized that '[t]he actual imposition of a duty of care and the formulation of standards defining such a duty derive from considerations of public policy and fairness.'" Id. at 322 (third alteration in original) (quoting Hopkins, 132 N.J. at 439 ). | 1 | 1 |
Vitti v. Browngreen1 sentence2019Super. 68, 79 (App. Div. 2005): A-2118-18T2 8 (1) why discovery has not been completed within time and counsel's diligence in pursuing discovery during that time; (2) the additional discovery or disclosure sought is essential; (3) an explanation for counsel's failure to request an extension of the time for discovery within the original time period; and (4) the circumstances presented were clearly beyond the control of the attorney and litigant seeking the extension of time. [Ibid. (citing Vitti v. Brown, 359 N.J. | 1 | 1 |
Rivers v. LSC PARTNERSHIPgreen1 sentence2019A four- part test to determine if exceptional circumstances have been met was set forth in Rivers v. LSC P'ship, 378 N.J. | 1 | 1 |
State v. Carl J. Garrison(076537)green1 sentence2019See State v. Garrison, 228 N.J. 182, 194 (2017). | 1 | 1 |
McDonnell Douglas Corp. v. Greengreen2 sentences1995Ibid; see also McDonnell Douglas v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed. 2d 668 (1973); St. 1995Ibid; see also McDonnell Douglas v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed. 2d 668 (1973); St. | 1 | 1 |
State v. Szimagreen1 sentence1986See State v. Szima, 70 N.J. 196, 201 , cert. den. 429 U.S. 896 , 97 S.Ct. 259 , 50 L.Ed. 2d 180 (1976). | 1 | 1 |
Barker v. Wingogreen2 sentences1986The four part test of Barker v. Wingo, 407 U.S. 514, 530 , 92 S.Ct. 2182, 2191 , 33 L.Ed. 2d 101, 117 (1972), has little application in this case, notwithstanding the considerable delay in the trial of the matter. 1986The four part test of Barker v. Wingo, 407 U.S. 514, 530 , 92 S.Ct. 2182, 2191 , 33 L.Ed. 2d 101, 117 (1972), has little application in this case, notwithstanding the considerable delay in the trial of the matter. | 1 | 1 |
Griffin v. Zurzgreen2 sentences1986See State v. Szima, 70 N.J. 196, 201 , cert. den. 429 U.S. 896 , 97 S.Ct. 259 , 50 L.Ed. 2d 180 (1976). 1986See State v. Szima, 70 N.J. 196, 201 , cert. den. 429 U.S. 896 , 97 S.Ct. 259 , 50 L.Ed. 2d 180 (1976). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Cofield
green
2 sentences2018In State v. Cofield, our Supreme Court established a four- part test "to avoid the over-use of extrinsic evidence of other crimes or wrongs" pursuant to N.J.R.E. 404(b). 127 N.J. at 338 . 2013The New Jersey Supreme Court in Cofield, supra, 127 N.J. at 338 , 605 A.2d 230 articulated a four part test to determine the admissibility of a defendant’s prior crimes wrongs or acts pursuant to N.J.R.E. 404(b). | 2 | 2013–2018 |
Kelly v. Gwinnell
green
1 sentence2021The Supreme Court has identified a four- part framework that guides a duty analysis, requiring evaluation of four factors: "the relationship of the parties; the nature of the risk; the ability to exercise care; and public policy considerations." Id. at 317 (quoting Hopkins v. Fox & Lazo Realtors, 132 N.J. 426, 438-39 (1993)). | 1 | 2021–2021 |
State v. Slater
green
1 sentence2020Rule 3:21-1 provides that a motion to withdraw a plea "of guilty or non vult shall be made before sentencing, but the court may permit it to be made thereafter to correct a manifest injustice." In Slater, the Court announced a four- part test to be employed in assessing the merits of such applications: "(1) whether the defendant has asserted a colorable claim of innocence; (2) the nature and strength of defendant's reasons for withdrawal; (3) the existence of a plea bargain; and (4) whether withdrawal would result in unfair prejudice to the State or unfair advantage to the accused." 198 N.J. a | 1 | 2020–2020 |
New Jersey Division of Youth & Family Services v. A.W.
green
2 sentences2001The Court in New Jersey Div. of Youth and Family Servs. v. A.W., 103 N.J. 591 , 512 A. 2d 438 (1986), developed a four part test that must be met before a trial court may terminate parental rights. 2001The Court in New Jersey Div. of Youth and Family Servs. v. A.W., 103 N.J. 591 , 512 A. 2d 438 (1986), developed a four part test that must be met before a trial court may terminate parental rights. | 1 | 2001–2001 |
Hawkins v. Harris
green
2 sentences1996In Hawkins, supra, the Supreme Court articulated a four part test to determine the applicability of the litigation privilege to the facts of a given situation. 141 N.J. at 216 , 661 A. 2d 284 . 1996In Hawkins, supra, the Supreme Court articulated a four part test to determine the applicability of the litigation privilege to the facts of a given situation. 141 N.J. at 216 , 661 A. 2d 284 . | 1 | 1996–1996 |
Waldron v. SL Industries, Inc.
green
1 sentence1995Industries, supra, 849 F. Supp. at 1001 .] *430 Once plaintiff has passed the above four part test, and has thereby established a prima facie case, discrimination is presumed on the part of the employer, and the burden shifts to the employer to articulate a legitimate, non-discriminatory reason for the employment action. | 1 | 1995–1995 |
State v. Mauricio
green
2 sentences1994The Court adopted a four part test for passion/provocation manslaughter: Passion/provocation manslaughter has four elements: the provocation must be adequate, the defendant must not have had time to cool off between the provocation and the slaying; the provocation must have actually impassioned the defendant; and the defendant must not have actually cooled off before the slaying. [ 117 N.J. at 411 , 568 A.2d 879 .] The first two elements constitute the objective standard required by the Legislature. 1994The Court adopted a four part test for passion/provocation manslaughter: Passion/provocation manslaughter has four elements: the provocation must be adequate, the defendant must not have had time to cool off between the provocation and the slaying; the provocation must have actually impassioned the defendant; and the defendant must not have actually cooled off before the slaying. [ 117 N.J. at 411 , 568 A.2d 879 .] The first two elements constitute the objective standard required by the Legislature. | 1 | 1994–1994 |
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.