benefits rule (New Jersey) · Go Syfert
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benefits rule in New Jersey

11 New Jersey opinions name it 2 courts 1961–2025 1 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 (10)

CaseFollowedCited
Lapka v. Porter Hayden Co.green
nj · 2000 · cited in 3 New Jersey opinions naming this issue, 2001–2025
2 sentences

2025Because the discovery rule is, at its core, a rule of equity, the court also "must consider elements of fairness pertaining to all parties, not just to those asserting the benefits of the rule." Lapka v. Porter Hayden Co., 162 N.J. 545, 558 (2000); see also J.P., 444 N.J.

2003Throughout the development of our jurisprudence, however, the Court has adhered faithfully to the concept that “[b]ecause the discovery rule, at its root, is a rule of equity, we must consider elements of fairness pertaining to all parties, not just to those asserting the benefits of the rule.” Lapka v. Porter Hayden Co., 162 N.J. 545, 558 , 745 A.2d 525 (2000).

13
J.P. v. Gregory J. Smithgreen
njsuperctappdiv · 2016 · cited in 1 New Jersey opinions naming this issue, 2025–2025
1 sentence

2025Because the discovery rule is, at its core, a rule of equity, the court also "must consider elements of fairness pertaining to all parties, not just to those asserting the benefits of the rule." Lapka v. Porter Hayden Co., 162 N.J. 545, 558 (2000); see also J.P., 444 N.J.

11
Hennessey v. Winslow Townshipgreen
nj · 2005 · cited in 1 New Jersey opinions naming this issue, 2017–2017
1 sentence

2017The benefits of the doctrine of collateral estoppel are "finality and repose; prevention of needless litigation; avoidance of duplication; reduction of unnecessary burdens of time and expenses; elimination of conflicts, confusion and uncertainty; and basic fairness." Hennessey v. Winslow Twp., 183 N.J. 593, 599 (2005) (citing Hackensack v. Winner, 82 N.J. 1, 32-33 (1980)).

11
First Union National Bank v. Penn Salem Marina, Inc.green
nj · 2007 · cited in 1 New Jersey opinions naming this issue, 2017–2017
1 sentence

2017"If an issue between the parties was fairly litigated and 14 A-0891-15T1 determined, it should not be relitigated." First Union National Bank v. Penn Salem Marina, Inc., 190 N.J. 342, 352 (2007).

11
City of Hackensack v. Winnergreen
nj · 1980 · cited in 1 New Jersey opinions naming this issue, 2017–2017
1 sentence

2017The benefits of the doctrine of collateral estoppel are "finality and repose; prevention of needless litigation; avoidance of duplication; reduction of unnecessary burdens of time and expenses; elimination of conflicts, confusion and uncertainty; and basic fairness." Hennessey v. Winslow Twp., 183 N.J. 593, 599 (2005) (citing Hackensack v. Winner, 82 N.J. 1, 32-33 (1980)).

11
Henderson v. Camden County Municipal Utility Authoritygreen
nj · 2003 · cited in 1 New Jersey opinions naming this issue, 2004–2004
2 sentences

2004See, e.g., Henderson, supra, 176 N.J. at 563 , 826 A. 2d 615 ; Kibble, supra, 161 N.J. at 196 , 735 A. 2d 1142 ; Calvert v. K.

2004See, e.g., Henderson, supra, 176 N.J. at 563 , 826 A. 2d 615 ; Kibble, supra, 161 N.J. at 196 , 735 A. 2d 1142 ; Calvert v. K.

11
Fuchilla v. Laymangreen
nj · 1988 · cited in 1 New Jersey opinions naming this issue, 1997–1997
2 sentences

1997See Fuchilla v. Layman, 109 N.J. 319, 330-31 , 537 A.2d 652 , cert. denied, 488 U.S. 826 , 109 S.Ct. 75 , 102 L.Ed.2d 51 (1988); see also N.J.S.A. 59:3-1 (a public employee is not liable for an injury where a public entity is immune from liability for that injury).

1997See Fuchilla v. Layman, 109 N.J. 319, 330-31 , 537 A.2d 652 , cert. denied, 488 U.S. 826 , 109 S.Ct. 75 , 102 L.Ed.2d 51 (1988); see also N.J.S.A. 59:3-1 (a public employee is not liable for an injury where a public entity is immune from liability for that injury).

11
Hargrove v. United Statesgreen
scotus · 1988 · cited in 1 New Jersey opinions naming this issue, 1997–1997
1 sentence

1997See Fuchilla v. Layman, 109 N.J. 319, 330-31 , 537 A.2d 652 , cert. denied, 488 U.S. 826 , 109 S.Ct. 75 , 102 L.Ed.2d 51 (1988); see also N.J.S.A. 59:3-1 (a public employee is not liable for an injury where a public entity is immune from liability for that injury).

11
Moran v. Montanagreen
scotus · 1988 · cited in 1 New Jersey opinions naming this issue, 1997–1997
1 sentence

1997See Fuchilla v. Layman, 109 N.J. 319, 330-31 , 537 A.2d 652 , cert. denied, 488 U.S. 826 , 109 S.Ct. 75 , 102 L.Ed.2d 51 (1988); see also N.J.S.A. 59:3-1 (a public employee is not liable for an injury where a public entity is immune from liability for that injury).

11
University of Medicine & Dentistry v. Fuchillagreen
scotus · 1988 · cited in 1 New Jersey opinions naming this issue, 1997–1997
1 sentence

1997See Fuchilla v. Layman, 109 N.J. 319, 330-31 , 537 A.2d 652 , cert. denied, 488 U.S. 826 , 109 S.Ct. 75 , 102 L.Ed.2d 51 (1988); see also N.J.S.A. 59:3-1 (a public employee is not liable for an injury where a public entity is immune from liability for that injury).

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 (9)

CaseCitedYears
Kibble v. Weeks Dredging & Construction Co. green
nj · 1999
2 sentences

2004See, e.g., Henderson, supra, 176 N.J. at 563 , 826 A. 2d 615 ; Kibble, supra, 161 N.J. at 196 , 735 A. 2d 1142 ; Calvert v. K.

2004See, e.g., Henderson, supra, 176 N.J. at 563 , 826 A. 2d 615 ; Kibble, supra, 161 N.J. at 196 , 735 A. 2d 1142 ; Calvert v. K.

12004–2004
Gracia v. Meiselman neutral
njsuperctappdiv · 1987
1 sentence

2002Id. at 326, 531 A. 2d 1373 .

12002–2002
State v. Reed green
nj · 1993
2 sentences

1995We are convinced that the rule we announce today is justified both by the ease and the practicality with which it can be implemented. [ 133 N.J. at 266 , 627 A. 2d 630 .] Accordingly, the fact that not every suspect will benefit from the rule we announce today is no reason to deny the benefits of that rule to those suspects who may be advantaged by it. [ 133 N.J. at 267 , 627 A. 2d 630 .] Our determination of the nature and application of the ancillary right to counsel directs the focus of future judicial inquiry, in this state, away from the assessment of the subjective level of coercion to w

1995We are convinced that the rule we announce today is justified both by the ease and the practicality with which it can be implemented. [ 133 N.J. at 266 , 627 A. 2d 630 .] Accordingly, the fact that not every suspect will benefit from the rule we announce today is no reason to deny the benefits of that rule to those suspects who may be advantaged by it. [ 133 N.J. at 267 , 627 A. 2d 630 .] Our determination of the nature and application of the ancillary right to counsel directs the focus of future judicial inquiry, in this state, away from the assessment of the subjective level of coercion to w

11995–1995
In Re Opinion No. 24 green
nj · 1992
2 sentences

1995Cf. In re Opinion No. 24, 128 N.J. 114, 127-30 , 607 A.2d 962 (1992) (reminding attorneys of their responsibility to supervise paralegals, whether employees or independent contractors).

1995Cf. In re Opinion No. 24, 128 N.J. 114, 127-30 , 607 A.2d 962 (1992) (reminding attorneys of their responsibility to supervise paralegals, whether employees or independent contractors).

11995–1995
Ruff v. Weintraub green
nj · 1987
1 sentence

1987Super. 100 (Law Div. 1975); Ruff v. Weintraub, 105 N.J. 233 (Sup.Ct. 1987). *329 The benefits doctrine has been applied in New Jersey to wrongful life and wrongful birth cases and accords with general principles of compensatory damages in tort actions.

11987–1987
Berman v. Allan green
nj · 1979
1 sentence

1987We take "judicial notice of the high esteem which our society accords to those in the medical profession." Berman v. Allan, supra, 80 N.J. at 430 .

11987–1987
Betancourt v. Gaylor green
njsuperctappdiv · 1975
1 sentence

1987To that extent, the court, on this basis, in P. v. Portadin, supra , disapproved of Betancourt v. Gaylor, 136 N.J.

11987–1987
P. v. Portadin green
njsuperctappdiv · 1981
1 sentence

1987To that extent, the court, on this basis, in P. v. Portadin, supra , disapproved of Betancourt v. Gaylor, 136 N.J.

11987–1987
Mutual Life Insurance Co. v. Morris green
ark · 1935
1 sentence

1961Co. v. Morris, 191 Ark. 88 , 83 S.W. 2 d 842 ( Sup. Ct. 1935). * * * * * * * * We also hold that plaintiff is not necessarily prevented from availing herself of the benefits of the waiver of premiums provision because notice, and proof of disability were not furnished during the deceased's lifetime for the reasons stated above in Swann, supra, and Minnesota Mut.

11961–1961

Where else courts name it

CA 46 (1938–2026) TX 45 (1913–2025) FL 20 (1966–2025) WA 20 (1972–2026) NY 20 (1886–2025) VT 17 (1999–2026) IL 13 (1975–2013) CT 13 (1992–2019) MO 12 (1976–2023) CO 11 (1899–2023) NJ 11 (1961–2025) LA 10 (1978–2015) IN 10 (1972–2003) MS 10 (1998–2022) VA 9 (1993–2025) IA 8 (1928–2019) GA 8 (1931–2014) WI 8 (1933–2020) PA 7 (1982–2009) AL 7 (1980–2007) NM 7 (1942–2023) OH 7 (1989–2013) MA 6 (1973–2016) MT 6 (1938–2014) MD 5 (1990–2019) AZ 5 (1976–1993) DC 4 (1969–2017) SD 4 (1911–2006) WY 4 (1980–2014) WV 4 (1952–2021) MN 4 (1986–1990) KY 4 (1923–2026) MI 4 (1989–2022) NC 4 (1960–2000) OR 4 (1946–2020) OK 3 (1932–1995) NE 3 (1942–2018) ID 3 (1996–2020) ME 3 (1980–2009) UT 3 (1988–2013) ND 2 (1898–1990) NH 2 (1978–2002) AK 2 (1989–1990)

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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