exception to that general rule (New Jersey) · Go Syfert
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exception to that general rule in New Jersey

8 New Jersey opinions name it 2 courts 1954–2022 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 (4)

CaseFollowedCited
Mitchell v. Forsythgreen
scotus · 1985 · cited in 1 New Jersey opinions naming this issue, 2022–2022
1 sentence

2022An exception to that general requirement of finality for appellate review is the collateral order doctrine, under which a district court order is appealable if it is “within ‘that small class which finally determine claims of right separable from, and collateral to, rights asserted in the action, too important to be denied review and too independent of the cause itself to require that appellate consideration be deferred until the whole case is adjudicated.’” Mitchell v. Forsyth, 472 U.S. 511, 524-25 (1985) (quoting Cohen v. Beneficial Indus.

11
Cohen v. Beneficial Industrial Loan Corp.green
scotus · 1949 · cited in 1 New Jersey opinions naming this issue, 2022–2022
1 sentence

2022Loan Corp., 337 U.S. 541, 546 (1949)); see also Lozano v. New Jersey, 9 F.4th 239, 244 (3d Cir. 2021) (applying the collateral 21 order doctrine to review a summary judgment determination denying qualified immunity that raised only a legal issue in an action brought in federal court under 42 U.S.C. § 1983 ).

11
Geronimo Lozano v. State of New Jerseygreen
ca3 · 2021 · cited in 1 New Jersey opinions naming this issue, 2022–2022
1 sentence

2022Loan Corp., 337 U.S. 541, 546 (1949)); see also Lozano v. New Jersey, 9 F.4th 239, 244 (3d Cir. 2021) (applying the collateral 21 order doctrine to review a summary judgment determination denying qualified immunity that raised only a legal issue in an action brought in federal court under 42 U.S.C. § 1983 ).

11
New Jersey Division of Youth & Family Services v. G.L.green
nj · 2007 · cited in 1 New Jersey opinions naming this issue, 2017–2017
1 sentence

2017Div. of Youth & Family Servs. v. G.L., 191 N.J. 596, 605 (2007) ("There is an exception to that general rule of deference: Where the issue to be decided is an 'alleged error in the trial judge's evaluation of the underlying facts and the implications to be drawn therefrom,' we expand the scope of our review" (quoting In re Guardianship of J.T., 269 N.J.

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
Matter of Guardianship of JT green
njsuperctappdiv · 1993
2 sentences

2017In re J.T., supra, 269 N.J.

2017In re J.T., supra, 269 N.J.

22007–2017
Bencivenga v. JJAMM, INC. green
njsuperctappdiv · 1992
1 sentence

2018In that case, a nightclub patron sued the club after he was punched in the face by a fellow patron, whose identity he did not know. 258 N.J.

12018–2018
Maese v. Snowden green
njsuperctappdiv · 1977
2 sentences

2015Ocean City, supra, 403 N.J.Super. at 359 , 958 A.2d 465 ; Maese, supra, 148 N.J.Super. at 13 , 371 A.2d 802 .

2015Ocean City, supra, 403 N.J.Super. at 359 , 958 A.2d 465 ; Maese, supra, 148 N.J.Super. at 13 , 371 A.2d 802 .

12015–2015
City of Ocean City v. Somerville green
njsuperctappdiv · 2008
2 sentences

2015Ocean City, supra, 403 N.J.Super. at 359 , 958 A.2d 465 ; Maese, supra, 148 N.J.Super. at 13 , 371 A.2d 802 .

2015Ocean City, supra, 403 N.J.Super. at 359 , 958 A.2d 465 ; Maese, supra, 148 N.J.Super. at 13 , 371 A.2d 802 .

12015–2015
Williams v. Sanacore green
njsuperctappdiv · 1951
1 sentence

1967Super. 236 ( App. Div. 1951), and Williams v. Sanacore, 11 N.J.

11967–1967
Schlecter v. Hollander green
njsuperctappdiv · 1951
1 sentence

1967Plaintiff seeks to rely on an exception to that general rule exemplified by cases such as Schlecter v. Hollander, 11 N.J.

11967–1967
La Rosa ex rel. La Rosa v. Nichols green
· 1918
1 sentence

1954However, in LaRosa v. Nichols, 92 N.J.L. 375 (1918), the Court of Errors and Appeals held there is an exception to that general rule; in a proper case an infant may be estopped from asserting infancy as a defense.

11954–1954

Where else courts name it

TX 52 (1916–2025) NY 48 (1891–2026) CA 41 (1980–2026) OR 35 (1951–2022) AL 24 (1977–2025) IL 21 (1982–2024) PA 18 (1980–2026) MD 12 (1975–2020) CT 12 (1875–2021) GA 10 (1993–2025) IN 10 (1886–2020) VA 10 (1988–2021) OH 9 (1973–2025) NJ 8 (1954–2022) WI 8 (1938–2024) MO 7 (1987–2025) FL 6 (1941–2026) MT 6 (1992–2025) WA 6 (1971–2023) MA 4 (1931–2017) UT 4 (2000–2012) AZ 4 (1980–2020) MN 3 (1988–2009) LA 3 (1949–1991) KY 3 (1934–2023) RI 3 (2015–2026) NM 3 (2005–2013) WV 2 (2014–2014) MI 2 (1968–2006) KS 2 (2017–2020) ND 2 (1981–1996) TN 2 (1978–1986) CO 2 (2012–2025) NC 2 (1976–2016)

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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