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9 New Jersey opinions name it 2 courts 1962–2005 0 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 |
|---|---|---|
United States v. Leongreen2 sentences1998Where the § 1983 claim asserts a lack of cause for issuance of a warrant, “[ojnly where the warrant application is so lacking in indicia of probable cause as to render official belief in its existence unreasonable ... will the shield of immunity be lost.” Id. at 344-45, 106 S.Ct. at 1098 , 89 L.Ed.2d at 281 (citing United States v. Leon, 468 U.S. 897, 923 , 104 S.Ct. 3405, 3421 , 82 L.Ed.2d 677, 699 (1984)). 1998Where the § 1983 claim asserts a lack of cause for issuance of a warrant, “[ojnly where the warrant application is so lacking in indicia of probable cause as to render official belief in its existence unreasonable ... will the shield of immunity be lost.” Id. at 344-45, 106 S.Ct. at 1098 , 89 L.Ed.2d at 281 (citing United States v. Leon, 468 U.S. 897, 923 , 104 S.Ct. 3405, 3421 , 82 L.Ed.2d 677, 699 (1984)). | 1 | 2 |
California Insurance Company v. A. L. Allen and Dovie Moore Allengreen1 sentence1996Co. v. Allen, 235 F. 2d 178, 180 (5th Cir.1956). [IbixL] The D.C. | 1 | 1 |
cluster 398029green1 sentence1992See also Lucas v. Gulf & Western Industries, Inc., 666 F.2d 800, 806 (3d Cir.1981); Davis v. Metro Productions, Inc., 885 F.2d 515, 520-21 (9th Cir.1989). | 1 | 1 |
cluster 529362green1 sentence1992See also Lucas v. Gulf & Western Industries, Inc., 666 F.2d 800, 806 (3d Cir.1981); Davis v. Metro Productions, Inc., 885 F.2d 515, 520-21 (9th Cir.1989). | 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 |
|---|---|---|
Malley v. Briggs
green
2 sentences2000Although the issuance of the warrant may be sufficient to prevent Simonini’s conduct toward plaintiff from equating with insolence in office, State v. Kasabucki, 52 N.J. 110, 115 , 244 A.2d 101 (1968), an application for a warrant that “is so lacking in indicia of probable cause as to render official belief in its existence unreasonable ... will [lose] the shield of immunity.” Malley, supra, 475 U.S. at 344-45 , 106 S.Ct. at 1098 , 89 L.Ed.2d 271 (citation omitted). 2000Although the issuance of the warrant may be sufficient to prevent Simonini’s conduct toward plaintiff from equating with insolence in office, State v. Kasabucki, 52 N.J. 110, 115 , 244 A.2d 101 (1968), an application for a warrant that “is so lacking in indicia of probable cause as to render official belief in its existence unreasonable ... will [lose] the shield of immunity.” Malley, supra, 475 U.S. at 344-45 , 106 S.Ct. at 1098 , 89 L.Ed.2d 271 (citation omitted). | 3 | 1986–2000 |
Metalsalts Corp. v. Weiss
green
2 sentences1997We agree with the statement that [i]f all activities of a lawyer are to be classified as warranting the bar of discovery proceedings because of the attorney-client privilege, then it would be appropriate for clients to retain lawyers as investigators, custodians of records and the like, thereby turning the shield of the privilege into the sword of injustice. [Metalsalts Corp. v. Weiss, 76 N.J.Super. 291, 299 , 184 A.2d 435 (Ch.Div.1962).] *552 A substantial number of sexual-harassment lawsuits raise the issue of the employer’s response to the employee’s internal complaint. 1997We agree with the statement that [i]f all activities of a lawyer are to be classified as warranting the bar of discovery proceedings because of the attorney-client privilege, then it would be appropriate for clients to retain lawyers as investigators, custodians of records and the like, thereby turning the shield of the privilege into the sword of injustice. [Metalsalts Corp. v. Weiss, 76 N.J.Super. 291, 299 , 184 A.2d 435 (Ch.Div.1962).] *552 A substantial number of sexual-harassment lawsuits raise the issue of the employer’s response to the employee’s internal complaint. | 2 | 1996–1997 |
Scibek v. Longette
green
2 sentences2005The Appellate Division, despite its concern with Huffmaster , and because the plaintiff's conduct concluded on this point as follows: "Beyond this we are concerned that the prophylactic value of the Act to deter future violation would be diminished were we to discard Huffmaster's holding under the circumstances presented." Scibek, supra, 339 N.J.Super. at 82 , 770 A. 2d 1242 Plaintiff in the instant case violated the Consumer Fraud Act in more than just technical ways. [6] Unlike the point made in *837 Scibek , the defendant in this case is not using the Act as a sword, but rather as a shield 2005The Appellate Division, despite its concern with Huffmaster , and because the plaintiff's conduct concluded on this point as follows: "Beyond this we are concerned that the prophylactic value of the Act to deter future violation would be diminished were we to discard Huffmaster's holding under the circumstances presented." Scibek, supra, 339 N.J.Super. at 82 , 770 A. 2d 1242 Plaintiff in the instant case violated the Consumer Fraud Act in more than just technical ways. [6] Unlike the point made in *837 Scibek , the defendant in this case is not using the Act as a sword, but rather as a shield | 1 | 2005–2005 |
State v. Kasabucki
green
2 sentences2000Although the issuance of the warrant may be sufficient to prevent Simonini’s conduct toward plaintiff from equating with insolence in office, State v. Kasabucki, 52 N.J. 110, 115 , 244 A.2d 101 (1968), an application for a warrant that “is so lacking in indicia of probable cause as to render official belief in its existence unreasonable ... will [lose] the shield of immunity.” Malley, supra, 475 U.S. at 344-45 , 106 S.Ct. at 1098 , 89 L.Ed.2d 271 (citation omitted). 2000Although the issuance of the warrant may be sufficient to prevent Simonini’s conduct toward plaintiff from equating with insolence in office, State v. Kasabucki, 52 N.J. 110, 115 , 244 A.2d 101 (1968), an application for a warrant that “is so lacking in indicia of probable cause as to render official belief in its existence unreasonable ... will [lose] the shield of immunity.” Malley, supra, 475 U.S. at 344-45 , 106 S.Ct. at 1098 , 89 L.Ed.2d 271 (citation omitted). | 1 | 2000–2000 |
Hansen v. Janitschek
green
2 sentences1996If all activities of a lawyer are to be classified as warranting the bar of discovery proceedings because of the attorney-client privilege, then it would be appropriate for clients to retain lawyers as investigators, custodians of records and the like, thereby turning the shield of the privilege into the sword of injustice. [ Id. at 299, 184 A. 2d 435 .] See also Hansen v. Janitschek, 31 N.J. 545 , 158 A. 2d 329 (1960), rev'g on dissent 57 N.J. 1996Super. 418, 433 , 154 A. 2d 855 (App.Div. 1959); Palatini v. Sarian, 15 N.J. | 1 | 1996–1996 |
Palatini v. Sarian
green
1 sentence1996Super. 418, 433 , 154 A. 2d 855 (App.Div. 1959); Palatini v. Sarian, 15 N.J. | 1 | 1996–1996 |
Hansen v. Janitschek
green
2 sentences1996If all activities of a lawyer are to be classified as warranting the bar of discovery proceedings because of the attorney-client privilege, then it would be appropriate for clients to retain lawyers as investigators, custodians of records and the like, thereby turning the shield of the privilege into the sword of injustice. [ Id. at 299, 184 A. 2d 435 .] See also Hansen v. Janitschek, 31 N.J. 545 , 158 A. 2d 329 (1960), rev'g on dissent 57 N.J. 1996If all activities of a lawyer are to be classified as warranting the bar of discovery proceedings because of the attorney-client privilege, then it would be appropriate for clients to retain lawyers as investigators, custodians of records and the like, thereby turning the shield of the privilege into the sword of injustice. [ Id. at 299, 184 A. 2d 435 .] See also Hansen v. Janitschek, 31 N.J. 545 , 158 A. 2d 329 (1960), rev'g on dissent 57 N.J. | 1 | 1996–1996 |
Donner v. Tams-Witmark Music Library, Inc.
green
1 sentence1992While the trial judge’s holding (that alter ego theory is only a remedial measure for extension of liability to those parties over whom the court already enjoys jurisdiction) has been a traditional view, see 1 Fletcher Cyclopedia of the Law of Private Corporations § 41.10 at 614-15 (perm, ed., rev. 1990), more recent cases recognize that such restricted application of the doctrine is logically insupportable: “It would be anomalous, and would defeat the purposes of the law creating substantive liability, to permit a corporate officer to shield himself from jurisdiction by means of the corporate | 1 | 1992–1992 |
Long v. Landy
green
1 sentence1962Parks v. Parks , at page 71; cf. Long v. Landy, 35 N.J. 44 (1961). | 1 | 1962–1962 |
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.