Brill standard (New Jersey) · Go Syfert
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Brill standard in New Jersey

70 New Jersey opinions name it 3 courts 1995–2025 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 (14)

CaseFollowedCited
West Colonial Enterprises, LLC v. City of East Orangegreen
njtaxct · 2003 · cited in 45 New Jersey opinions naming this issue, 2017–2025
2 sentences

2025The evidence presented, when viewed under the Brill standard “must be ‘sufficient to determine the value of the property under appeal, thereby establishing the existence of a debatable question as to the correctness of the assessment.’” West Colonial Enters, LLC v. East Orange City, 20 N.J.

2025The evidence presented, when viewed under the Brill standard “must be ‘sufficient to determine the value of the property under appeal, thereby establishing the existence of a debatable question as to the correctness of the assessment.’” West Colonial Enters, LLC v. East Orange City, 20 N.J.

4545
Lenal Properties, Inc. v. City of Jersey Citygreen
njtaxct · 1999 · cited in 43 New Jersey opinions naming this issue, 2017–2025
2 sentences

2025Tax 576, 579 (Tax 2003) (quoting Lenal Properties, Inc. v. City of Jersey City, 18 N.J.

2025Tax 576, 579 (Tax 2003) (quoting Lenal Properties, Inc. v. City of Jersey City, 18 N.J.

4343
Brill v. Guardian Life Insurance Co. of Americagreen
nj · 1995 · cited in 9 New Jersey opinions naming this issue, 1995–2023
2 sentences

2023The merits shall be A-1936-21 22 addressed and decided in the first instance by the trial court in accordance with Rule 4:46-2 and the Brill standard based on the record presented. 142 N.J. at 540 .

2023The merits shall be A-1936-21 22 addressed and decided in the first instance by the trial court in accordance with Rule 4:46-2 and the Brill standard based on the record presented. 142 N.J. at 540 .

29
Globe Motor Company v. Ilya Igdalev(074996)green
nj · 2016 · cited in 2 New Jersey opinions naming this issue, 2018–2019
2 sentences

2019See Globe Motor Co. v. Igdalev, 225 N.J. 469, 479-80 (2016); Brill v. Guardian Life Ins.

2019See Globe Motor Co. v. Igdalev, 225 N.J. 469, 479-80 (2016); Brill v. Guardian Life Ins.

22
Petro-Lubricant Testing Labs., Inc. v. Adelmangreen
nj · 2018 · cited in 1 New Jersey opinions naming this issue, 2019–2019
2 sentences

2019Petro-Lubricant Testing Labs., Inc. v. Adelman, 233 N.J. 236, 256-57 (2018).

2019Petro-Lubricant Testing Labs., Inc. v. Adelman, 233 N.J. 236, 256-57 (2018).

11
Wayne Davis v. Brickman Landscaping (071310)green
nj · 2014 · cited in 1 New Jersey opinions naming this issue, 2019–2019
2 sentences

2019Davis v. Brickman Landscaping, Ltd., 219 N.J. 395, 405 (2014); Brill v. Guardian Life Ins.

2019Davis v. Brickman Landscaping, Ltd., 219 N.J. 395, 405 (2014); Brill v. Guardian Life Ins.

11
McGrogan v. Tillgreen
nj · 2001 · cited in 1 New Jersey opinions naming this issue, 2018–2018
2 sentences

2018In order to succeed in a legal malpractice claim a plaintiff must show, "(1) the existence of an attorney-client relationship creating a duty of care by the defendant attorney, (2) the breach of that duty by the defendant, and (3) proximate causation of the damages claimed by the plaintiff." McGrogan v. Till, 167 N.J. 414, 425 (2001).

2018In order to succeed in a legal malpractice claim a plaintiff must show, "(1) the existence of an attorney-client relationship creating a duty of care by the defendant attorney, (2) the breach of that duty by the defendant, and (3) proximate causation of the damages claimed by the plaintiff." McGrogan v. Till, 167 N.J. 414, 425 (2001).

11
Murray v. Plainfield Rescue Squadgreen
nj · 2012 · cited in 1 New Jersey opinions naming this issue, 2017–2017
2 sentences

2017Consequently, plaintiffs contend the trading records "demonstrate the opposite of what they have stated" in moving for summary judgment. 122 A-0963-12T1 Considering that the matter was disposed of by way of summary judgment, and considering that we, too, are obligated to apply the Brill standard, see, e.g., Murray v. Plainfield Rescue Squad, 210 N.J. 581, 584 (2012), we conclude there are genuine factual disputes that precluded summary judgment.

2017Consequently, plaintiffs contend the trading records "demonstrate the opposite of what they have stated" in moving for summary judgment. 122 A-0963-12T1 Considering that the matter was disposed of by way of summary judgment, and considering that we, too, are obligated to apply the Brill standard, see, e.g., Murray v. Plainfield Rescue Squad, 210 N.J. 581, 584 (2012), we conclude there are genuine factual disputes that precluded summary judgment.

11
Deborah Townsend v. Noah Pierre (072357)green
nj · 2015 · cited in 1 New Jersey opinions naming this issue, 2017–2017
2 sentences

2017See Townsend v. Pierre, 221 N.J. 36, 59 (2015); Gil v. Clara Maass Med.

2017See Townsend v. Pierre, 221 N.J. 36, 59 (2015); Gil v. Clara Maass Med.

11
Kelly v. County of Monmouthgreen
njsuperctappdiv · 2005 · cited in 1 New Jersey opinions naming this issue, 2008–2008
2 sentences

2008The Brill standard requires a judge "to consider whether the competent evidential materials presented, when viewed in the light most favorable to the non-moving party, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of the non-moving party." Brill, supra, 142 N.J. at 540 , 666 A. 2d 146 ; see also Kelly v. County of Monmouth, 380 N.J.Super. 552, 557 , 883 A. 2d 411 (App.Div.2005).

2008The Brill standard requires a judge "to consider whether the competent evidential materials presented, when viewed in the light most favorable to the non-moving party, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of the non-moving party." Brill, supra, 142 N.J. at 540 , 666 A. 2d 146 ; see also Kelly v. County of Monmouth, 380 N.J.Super. 552, 557 , 883 A. 2d 411 (App.Div.2005).

11
Serrano v. Serranogreen
njsuperctappdiv · 2004 · cited in 1 New Jersey opinions naming this issue, 2004–2004
2 sentences

2004See id. at 459, 843 A. 2d 358 (mentioning a herniated disc as an example of a serious and permanent injury).

2004See id. at 459, 843 A. 2d 358 (mentioning a herniated disc as an example of a serious and permanent injury).

11
Fluehr v. City of Cape Maygreen
nj · 1999 · cited in 1 New Jersey opinions naming this issue, 2003–2003
2 sentences

2003Nevertheless, the majority was convinced that "in light of the Brill standard ... the alleged negligence of the lifeguards is too remotely or insignificantly related to plaintiff's accident, so that in a legal sense, the alleged fault of the lifeguards does not constitute `a cause of the accident.'" 159 N.J. at 544 , 732 A. 2d at 1041 (internal citation omitted).

2003Nevertheless, the majority was convinced that "in light of the Brill standard ... the alleged negligence of the lifeguards is too remotely or insignificantly related to plaintiff's accident, so that in a legal sense, the alleged fault of the lifeguards does not constitute `a cause of the accident.'" 159 N.J. at 544 , 732 A. 2d at 1041 (internal citation omitted).

11
Anderson v. Liberty Lobby, Inc.green
scotus · 1986 · cited in 1 New Jersey opinions naming this issue, 2000–2000
2 sentences

2000Under the Brill test the essential question is “ ‘whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.’ ” Id. at 533 , 666 A.2d 146 (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-52 , 106 S.Ct. 2505, 2512 , 91 L.Ed.2d 202, 214 (1986)).

2000Under the Brill test the essential question is “ ‘whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.’ ” Id. at 533 , 666 A.2d 146 (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-52 , 106 S.Ct. 2505, 2512 , 91 L.Ed.2d 202, 214 (1986)).

11
Norman v. Selective Ins. Co.green
njsuperctappdiv · 1991 · cited in 1 New Jersey opinions naming this issue, 1998–1998
2 sentences

1998See Brill, supra, 142 N.J. at 540 , 666 A. 2d 146 ; see Norman, supra, 249 N.J.Super. at 109 , 592 A. 2d 24 ("[I]f the fact finder can reasonably draw or reject an inference or if conflicting inferences can be drawn from a given set of facts, the issue is one of fact, and summary judgment is inappropriate.").

1998See Brill, supra, 142 N.J. at 540 , 666 A. 2d 146 ; see Norman, supra, 249 N.J.Super. at 109 , 592 A. 2d 24 ("[I]f the fact finder can reasonably draw or reject an inference or if conflicting inferences can be drawn from a given set of facts, the issue is one of fact, and summary judgment is inappropriate.").

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
Prudential Property & Casualty Insurance v. Boylan green
njsuperctappdiv · 1998
2 sentences

2010Prudential Property Ins. v. Boylan, 307 N.J.Super. 162, 167 , 704 A. 2d 597 (App.Div), certif. denied, 154 N.J. 608 , 713 A. 2d 499 (1998). [ Agurto v. Guhr, 381 N.J.Super. 519, 525 , 887 A. 2d 159 (App.Div.2005).] The principles for construction of the insurance policy at issue here are likewise well-established: Generally, the insured has the burden "to bring the claim within the basic terms of the policy." Where the language of a policy supports two reasonable meanings, one favorable to the insurer and one favorable to the insured, the interpretation supporting coverage will be applied.

2010Prudential Property Ins. v. Boylan, 307 N.J.Super. 162, 167 , 704 A. 2d 597 (App.Div), certif. denied, 154 N.J. 608 , 713 A. 2d 499 (1998). [ Agurto v. Guhr, 381 N.J.Super. 519, 525 , 887 A. 2d 159 (App.Div.2005).] The principles for construction of the insurance policy at issue here are likewise well-established: Generally, the insured has the burden "to bring the claim within the basic terms of the policy." Where the language of a policy supports two reasonable meanings, one favorable to the insurer and one favorable to the insured, the interpretation supporting coverage will be applied.

32005–2010
Reid v. Reid green
nj · 1998
2 sentences

2010Prudential Property Ins. v. Boylan, 307 N.J.Super. 162, 167 , 704 A. 2d 597 (App.Div), certif. denied, 154 N.J. 608 , 713 A. 2d 499 (1998). [ Agurto v. Guhr, 381 N.J.Super. 519, 525 , 887 A. 2d 159 (App.Div.2005).] The principles for construction of the insurance policy at issue here are likewise well-established: Generally, the insured has the burden "to bring the claim within the basic terms of the policy." Where the language of a policy supports two reasonable meanings, one favorable to the insurer and one favorable to the insured, the interpretation supporting coverage will be applied.

2010Prudential Property Ins. v. Boylan, 307 N.J.Super. 162, 167 , 704 A. 2d 597 (App.Div), certif. denied, 154 N.J. 608 , 713 A. 2d 499 (1998). [ Agurto v. Guhr, 381 N.J.Super. 519, 525 , 887 A. 2d 159 (App.Div.2005).] The principles for construction of the insurance policy at issue here are likewise well-established: Generally, the insured has the burden "to bring the claim within the basic terms of the policy." Where the language of a policy supports two reasonable meanings, one favorable to the insurer and one favorable to the insured, the interpretation supporting coverage will be applied.

32005–2010
Agurto v. Guhr green
njsuperctappdiv · 2005
2 sentences

2010Prudential Property Ins. v. Boylan, 307 N.J.Super. 162, 167 , 704 A. 2d 597 (App.Div), certif. denied, 154 N.J. 608 , 713 A. 2d 499 (1998). [ Agurto v. Guhr, 381 N.J.Super. 519, 525 , 887 A. 2d 159 (App.Div.2005).] The principles for construction of the insurance policy at issue here are likewise well-established: Generally, the insured has the burden "to bring the claim within the basic terms of the policy." Where the language of a policy supports two reasonable meanings, one favorable to the insurer and one favorable to the insured, the interpretation supporting coverage will be applied.

2010Prudential Property Ins. v. Boylan, 307 N.J.Super. 162, 167 , 704 A. 2d 597 (App.Div), certif. denied, 154 N.J. 608 , 713 A. 2d 499 (1998). [ Agurto v. Guhr, 381 N.J.Super. 519, 525 , 887 A. 2d 159 (App.Div.2005).] The principles for construction of the insurance policy at issue here are likewise well-established: Generally, the insured has the burden "to bring the claim within the basic terms of the policy." Where the language of a policy supports two reasonable meanings, one favorable to the insurer and one favorable to the insured, the interpretation supporting coverage will be applied.

22009–2010
Vc v. Mjb green
nj · 2000
2 sentences

2001It is the child’s best interest that is preeminent as it would be if two legal parents were in a conflict over custody and visitation. [ 163 N.J. at 227 , 748 A.2d 539 (citation omitted).] We have little doubt that the Court contemplates careful review of claims of psychological parenthood, and that while a complaint that alleges the four prongs of the V.C./Wisconsin test confers prima facie standing and will withstand a motion to dismiss on the pleadings, it is not immune to a motion for summary judgment— without appointment of an expert or conduct of a plenary hearing — when the certificatio

2001It is the child’s best interest that is preeminent as it would be if two legal parents were in a conflict over custody and visitation. [ 163 N.J. at 227 , 748 A.2d 539 (citation omitted).] We have little doubt that the Court contemplates careful review of claims of psychological parenthood, and that while a complaint that alleges the four prongs of the V.C./Wisconsin test confers prima facie standing and will withstand a motion to dismiss on the pleadings, it is not immune to a motion for summary judgment— without appointment of an expert or conduct of a plenary hearing — when the certificatio

22001–2001
Lehmann v. Toys 'R' US, Inc. green
nj · 1993
2 sentences

2004Lehmann v. Toys `R' Us, Inc., 132 N.J. 587, 604 , 626 A. 2d 445 (1993). [A] hostile work environment discrimination claim cannot be established by epithets or comments which are `merely offensive.' An employment discrimination law such as the LAD is not intended to be "a `general civility' code" for conduct in the workplace.... "[D]iscourtesy or rudeness should not be confused with racial [or ethnic] harassment," and "a lack of racial [or ethnic] sensitivity does not, alone, amount to actionable harassment." Thus, "simple teasing," offhand comments, and isolated incidents (unless extremely ser

2004Lehmann v. Toys `R' Us, Inc., 132 N.J. 587, 604 , 626 A. 2d 445 (1993). [A] hostile work environment discrimination claim cannot be established by epithets or comments which are `merely offensive.' An employment discrimination law such as the LAD is not intended to be "a `general civility' code" for conduct in the workplace.... "[D]iscourtesy or rudeness should not be confused with racial [or ethnic] harassment," and "a lack of racial [or ethnic] sensitivity does not, alone, amount to actionable harassment." Thus, "simple teasing," offhand comments, and isolated incidents (unless extremely ser

12004–2004
Heitzman v. Monmouth County green
njsuperctappdiv · 1999
2 sentences

2004Lehmann v. Toys `R' Us, Inc., 132 N.J. 587, 604 , 626 A. 2d 445 (1993). [A] hostile work environment discrimination claim cannot be established by epithets or comments which are `merely offensive.' An employment discrimination law such as the LAD is not intended to be "a `general civility' code" for conduct in the workplace.... "[D]iscourtesy or rudeness should not be confused with racial [or ethnic] harassment," and "a lack of racial [or ethnic] sensitivity does not, alone, amount to actionable harassment." Thus, "simple teasing," offhand comments, and isolated incidents (unless extremely ser

2004Lehmann v. Toys `R' Us, Inc., 132 N.J. 587, 604 , 626 A. 2d 445 (1993). [A] hostile work environment discrimination claim cannot be established by epithets or comments which are `merely offensive.' An employment discrimination law such as the LAD is not intended to be "a `general civility' code" for conduct in the workplace.... "[D]iscourtesy or rudeness should not be confused with racial [or ethnic] harassment," and "a lack of racial [or ethnic] sensitivity does not, alone, amount to actionable harassment." Thus, "simple teasing," offhand comments, and isolated incidents (unless extremely ser

12004–2004
Brown v. United States Stove Co. green
nj · 1984
2 sentences

1999Viewing those facts in light of the Brill standard convinces us that the alleged negligence of the lifeguards is too remotely or insignificantly related to plaintiff's accident, so that in a legal sense, the alleged fault of the lifeguards does not constitute "a cause of [the] accident, . . . [but] simply presents the condition under which the injury was received." Brown v. United States Stove Co., 98 N.J. 155, 172 , 484 A. 2d 1234 (1984).

1999Viewing those facts in light of the Brill standard convinces us that the alleged negligence of the lifeguards is too remotely or insignificantly related to plaintiff's accident, so that in a legal sense, the alleged fault of the lifeguards does not constitute "a cause of [the] accident, . . . [but] simply presents the condition under which the injury was received." Brown v. United States Stove Co., 98 N.J. 155, 172 , 484 A. 2d 1234 (1984).

11999–1999

Statutes the citing opinions construe

NJ § N.J. Stat. § 54:1-35a (31) NJ § N.J. Stat. § 54:51A-6 (29) NJ § N.J. Stat. § 2A:83-1 (7) NJ § N.J. Stat. § 54:4-23 (6) NJ § N.J. Stat. § 54:3-21 (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

NJ 70 (1995–2025) NY 4 (2006–2013)

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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