sweep privilege (New Jersey) · Go Syfert
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sweep privilege in New Jersey

8 New Jersey opinions name it 2 courts 1957–1991 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.

Followed or applied (2)

CaseFollowedCited
Fenning v. SG Holding Corp.green
njsuperctappdiv · 1957 · cited in 3 New Jersey opinions naming this issue, 1990–1991
2 sentences

1991As to the degree of relevance needed to invoke the absolute shield of this immunity, the courts are most liberal ... for otherwise the speaker or writer would have to decide the question of jurisdiction at his peril, and the sweep of the privilege would be inhibited at the cost of the policy considerations which give it life. [ 47 N.J.

1991Super. at 118 , 135 A. 2d 346 ; emphasis supplied] Fenning was quoted with approval in DeVivo, 228 N.J.

23
Harpell v. Public Service Coordinated Transportgreen
nj · 1956 · cited in 1 New Jersey opinions naming this issue, 1961–1961
1 sentence

1961Cf. Harpell v. Public Service Coordinated Transport, 20 N.J. 309, 315-316 (1956).

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 (8)

CaseCitedYears
DeVivo v. Ascher green
njsuperctappdiv · 1988
1 sentence

1991Super. at 118 , 135 A. 2d 346 ; emphasis supplied] Fenning was quoted with approval in DeVivo, 228 N.J.

11991–1991
Fletcher v. Peck green
· 1810
2 sentences

1981Fletcher v. Peck, 10 U.S. (6 Cranch) 87 , 3 L.Ed. 162 (1810).

1981Fletcher v. Peck, 10 U.S. (6 Cranch) 87 , 3 L.Ed. 162 (1810).

11981–1981
Winberry v. Salisbury green
nj · 1950
1 sentence

1977Writing for the Court in Winberry v. Salisbury, 5 N.J. 240 (1950), cert. den. 340 U.S. 877 , 71 S.Ct. 123 , 95 L.Ed. 638 (1950), the Chief Justice noted that the separation of powers did not prevent the Court from exercising the full sweep of its rule-making powers.

11977–1977
Goggin v. Bank of America National Trust & Savings Ass'n green
scotus · 1950
1 sentence

1977Writing for the Court in Winberry v. Salisbury, 5 N.J. 240 (1950), cert. den. 340 U.S. 877 , 71 S.Ct. 123 , 95 L.Ed. 638 (1950), the Chief Justice noted that the separation of powers did not prevent the Court from exercising the full sweep of its rule-making powers.

11977–1977
Beck v. Vizcaya green
scotus · 1950
1 sentence

1977Writing for the Court in Winberry v. Salisbury, 5 N.J. 240 (1950), cert. den. 340 U.S. 877 , 71 S.Ct. 123 , 95 L.Ed. 638 (1950), the Chief Justice noted that the separation of powers did not prevent the Court from exercising the full sweep of its rule-making powers.

11977–1977
Bramlett v. Mathis green
sc · 1905
1 sentence

1977Writing for the Court in Winberry v. Salisbury, 5 N.J. 240 (1950), cert. den. 340 U.S. 877 , 71 S.Ct. 123 , 95 L.Ed. 638 (1950), the Chief Justice noted that the separation of powers did not prevent the Court from exercising the full sweep of its rule-making powers.

11977–1977
Rainier's Dairies v. Raritan Valley Farms, Inc. green
nj · 1955
1 sentence

1967Rainier's Dairies v. Raritan Valley Farms, Inc., supra ." See, too, concerning the policy considerations militating for broadly liberal standards in this regard, Harper and James, op. cit., at pp. 425-426; Prosser, op. cit., at pp. 798-799.

11967–1967
O'Regan v. Schermerhorn green
nj · 1946
1 sentence

1957As to the degree of relevance needed to invoke the absolute shield of this immunity, the courts are most liberal, for the same reasons that the jurisdiction of the tribunal is not weighed with technical precision, but need only be colorable, i.e., an assumed authority to act under law ( O'Regan v. Schermerhorn, supra ), for otherwise the speaker or writer would have to decide the question of jurisdiction at his peril, and the sweep of the privilege would be inhibited at the cost of the policy considerations which give it life.

11957–1957

Where else courts name it

NJ 8 (1957–1991) NY 5 (1968–1998) MA 5 (1934–1998) AZ 2 (2007–2007) CA 2 (1990–1997)

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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