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8 New Jersey opinions name it 2 courts 1926–2023 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.
| Case | Followed | Cited |
|---|---|---|
| No positive-treatment citations attached to this issue in New Jersey. | ||
| Case | Negative | Cited |
|---|---|---|
State v. Ivinsred1 sentence1955Admission of statements to her parents was criticized on appeal and although the reversal was predicated upon another ground, the Court of Errors and Appeals said: "In all cases of the sort we are considering, the fundamental basis for the exceptional rule is the unique outrage that results from the more or less forcible debauchery of the female sexual organs by those of the opposite sex, so that, when this essential element does not exist, it would seem as if the peculiar rule of the rape cases could not be invoked upon principle or applied by analogy." (86 N.J.L., at page 223) This dictum is | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Remington Arms Co. v. Liberty Mutual Insurance
green
2 sentences2023Del. 1992), we chose in Borough of Sayreville to depart—in that insurance policy context— from those "usual standard[s] in civil matters," because a "typical insurance dispute" is "unlike those civil cases where the exceptional standard of clear and convincing evidence was applied." Ibid. 1998Id. at 1425 . | 2 | 1998–2023 |
State v. Worlock
green
2 sentences2009Id. at 613-15 , 569 A.2d 1314 . 2009Id. at 613-15 , 569 A.2d 1314 . | 1 | 2009–2009 |
McDarby v. Merck & Co., Inc.
green
2 sentences2008See Sinclair v. Merck, No. A-117-06, (App. Div., June 4, 2008); McDarby v. Merck, 401 N.J.Super. 10 , 949 A. 2d 223 (App. Div.2008). [36] Specifically, count VIII sets forth that: 113. 2008See Sinclair v. Merck, No. A-117-06, (App. Div., June 4, 2008); McDarby v. Merck, 401 N.J.Super. 10 , 949 A. 2d 223 (App. Div.2008). [36] Specifically, count VIII sets forth that: 113. | 1 | 2008–2008 |
City of Knoxville v. Knoxville Water Co.
green
2 sentences1996Although rate-base/rate-of-return analysis has, in the past, been seen as a required method for avoiding confiscatory rates, i.e., protecting utilities against unconstitutional regulation, see, e.g., Knoxville v. Knoxville Water Co., 212 U.S. 1 , 29 S.Ct. 148 , 53 L.Ed. 371 (1909), and its progeny, there are no parallel constitutional considerations when, in regulating for the public interest, a legislature determines that other methods should be employed, and the public utilities affected make no showing that they have been harmed unduly in the economic sense by overreaching regulation. 1996Although rate-base/rate-of-return analysis has, in the past, been seen as a required method for avoiding confiscatory rates, i.e., protecting utilities against unconstitutional regulation, see, e.g., Knoxville v. Knoxville Water Co., 212 U.S. 1 , 29 S.Ct. 148 , 53 L.Ed. 371 (1909), and its progeny, there are no parallel constitutional considerations when, in regulating for the public interest, a legislature determines that other methods should be employed, and the public utilities affected make no showing that they have been harmed unduly in the economic sense by overreaching regulation. | 1 | 1996–1996 |
West v. Underwood
green
1 sentence1975In West v. Underwood, 132 N.J.L. 325 (E. & A. 1944), the Court of Errors and Appeals held that if there are proofs from which a jury could find that defendant had undertaken to sterilize plaintiff and negligently failed to do so, plaintiffs were entitled to recover for all pain and suffering, mental and physical, together with the loss of services and "any other loss or damage proximately resulting from such negligence." The exceptional rule stated in Gleitman not being here applicable, the normal measure of damages in tort actions should be applied. | 1 | 1975–1975 |
Gleitman v. Cosgrove
green
1 sentence1975As stated in Gleitman, 49 N.J. at 28 , the normal measure of damages in tort actions is compensatory. | 1 | 1975–1975 |
Warner v. State
green
1 sentence1926In State v. Warner, 56 N.J.L. 686 , Mr. Justice Reed, speaking for this court (at p. 690), says: "The exceptional immunity extended to the drunkard is limited to those instances where the crime involves a specific actual intent. | 1 | 1926–1926 |
Wilson v. State
green
1 sentence1926When the degree of intoxication is such as to render the person incapable of entertaining such intent it is an effective defense." In the later case, Wilson v. State, 60 N.J.L. 171 , this court, in an opinion by Mr. Justice VanSyckel, declared: "If by law, deliberation and premeditation are essential elements of the crime, and, by reason of drunkenness or any other cause , it appears that the prisoner's mental state is such that he is incapable of such deliberation and premeditation, then the crime has not been committed." *Page 694 The law is not the creation of such barbarous and insensible | 1 | 1926–1926 |
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.