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8 New Jersey opinions name it 3 courts 1887–2018 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 |
|---|---|---|
National Wildlife Federation v. United States Forest Servicegreen2 sentences2009Applying its own “functional test,” see Nat’l Wildlife Fed’n v. U.S. Forest Serv., 861 F.2d 1114, 1118-19 (9th Cir.1988), the court concluded that the material “in no way divulges the reasoning process through which [it] was derived or in any way explains any recommendation or decision not to adjust the census,” Assembly of California, supra, 968 F.2d at 922 . 4 Adding to the mix of tests, the D.C. 2009Applying its own "functional test," see Nat'l Wildlife Fed'n v. U.S. Forest Serv., 861 F. 2d 1114, 1118-19 (9th Cir.1988), the court concluded that the material "in no way divulges the reasoning process through which [it] was derived or in any way explains any recommendation or decision not to adjust the census," Assembly of California, supra, 968 F. 2d at 922 . [4] Adding to the mix of tests, the D.C. | 2 | 2 |
Kennedy v. Mendoza-Martinezgreen1 sentence2014To determine the “effects” of a statute for ex post facto purposes, the United States Supreme Court found “as a useful framework” seven factors referred to in Kennedy v. Mendoza-Martinez, 372 U.S. 144, 168 (1963), a case involving a double-jeopardy challenge. | 1 | 1 |
In Re Anschuetz & Company, Gmbh.green1 sentence1992Indeed, essentially this view was endorsed by the 1989 Hague Conference Special Commission ( Special Commission Report, supra note 4, at 21, par. 36(f)). [10] Moreover, one United States Court of Appeals noted pointedly that trial courts should "be sensitive to interests expressed in the Hague Convention" and that "many foreign countries, particularly civil law countries, do not subscribe to our open-ended views regarding pretrial discovery, and in some cases may be offended by our pretrial procedures." In re Anschuetz, 838 F. 2d 1362, 1364 (5th Cir.1988). | 1 | 1 |
Phillips v. . McCombsgreen1 sentence1887See Id. pp. 771/, &c., 830 &c. | 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 |
|---|---|---|
Smith v. Doe
green
2 sentences2014Id. at 97, 123 S.Ct at 1149 , 155 L.Ed.2d at 179 . 2014Id. at 97, 123 S.Ct at 1149 , 155 L.Ed.2d at 179 . | 2 | 2014–2014 |
Assembly Of The State Of California v. United States Department Of Commerce
green
2 sentences2009The Ninth Circuit disclaimed the “fact/opinion” test espoused by the Eleventh Circuit, id. at 922 n. 3, but acknowledged that “[t]he factual/deliberative distinction survives ... as a useful rule-of-thumb favoring disclosure of factual documents, or the factual portions of deliberative documents where such separation is feasible,” id. at 921 . 2009The Ninth Circuit disclaimed the “fact/opinion” test espoused by the Eleventh Circuit, id. at 922 n. 3, but acknowledged that “[t]he factual/deliberative distinction survives ... as a useful rule-of-thumb favoring disclosure of factual documents, or the factual portions of deliberative documents where such separation is feasible,” id. at 921 . | 2 | 2009–2009 |
Gilbert Spruance Co. v. Pennsylvania Manufacturers' Ass'n.
green
2 sentences2018We determined those Restatement sections to be analytically more appropriate "in the context of **55 commercial insurance and pollution exclusion involving out-of-state waste generation, multi-state waste generation, and in-state waste generation with the waste ultimately coming to rest in New Jersey." Spruance , 134 N.J. at 104 , 629 A.2d 885 . 2018We determined those Restatement sections to be analytically more appropriate "in the context of **55 commercial insurance and pollution exclusion involving out-of-state waste generation, multi-state waste generation, and in-state waste generation with the waste ultimately coming to rest in New Jersey." Spruance , 134 N.J. at 104 , 629 A.2d 885 . | 1 | 2018–2018 |
New Jersey Div. v. ARG
green
2 sentences2004Fundamental fairness required expert testimony and testimony of the adverse family witnesses before the court could properly conclude that DYFS had proved "aggravated circumstances of abuse" by clear and convincing evidence excusing it from making any efforts toward reunification. [ Id. at 88, 824 A. 2d 213 .] Finally, the dissent observed: [T]he majority has not articulated a useful standard for determining when "serious abuse" or "aggravated circumstances of abuse" has occurred. 2004Fundamental fairness required expert testimony and testimony of the adverse family witnesses before the court could properly conclude that DYFS had proved “aggravated circumstances of abuse” by clear and convincing evidence excusing it from making any efforts toward reunification. [ Id. at 88, 824 A.2d 213 .] Finally, the dissent observed: [T]he majority has not articulated a useful standard for determining when “serious abuse” or “aggravated circumstances of abuse” has occurred. | 1 | 2004–2004 |
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.