useful framework (New Jersey) · Go Syfert
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useful framework in New Jersey

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.

Followed or applied (4)

CaseFollowedCited
National Wildlife Federation v. United States Forest Servicegreen
ca9 · 1988 · cited in 2 New Jersey opinions naming this issue, 2009–2009
2 sentences

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.

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.

22
Kennedy v. Mendoza-Martinezgreen
scotus · 1963 · cited in 1 New Jersey opinions naming this issue, 2014–2014
1 sentence

2014To 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.

11
In Re Anschuetz & Company, Gmbh.green
ca5 · 1988 · cited in 1 New Jersey opinions naming this issue, 1992–1992
1 sentence

1992Indeed, 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).

11
Phillips v. . McCombsgreen
ny · 1873 · cited in 1 New Jersey opinions naming this issue, 1887–1887
1 sentence

1887See Id. pp. 771/, &c., 830 &c.

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 (4)

CaseCitedYears
Smith v. Doe green
scotus · 2003
2 sentences

2014Id. 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 .

22014–2014
Assembly Of The State Of California v. United States Department Of Commerce green
ca9 · 1992
2 sentences

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 .

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 .

22009–2009
Gilbert Spruance Co. v. Pennsylvania Manufacturers' Ass'n. green
nj · 1993
2 sentences

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 .

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 .

12018–2018
New Jersey Div. v. ARG green
njsuperctappdiv · 2003
2 sentences

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.

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.

12004–2004

Where else courts name it

CA 26 (1974–2021) NM 16 (1996–2024) NY 14 (1925–2025) IL 13 (1980–2020) TX 13 (1977–2026) AL 11 (1991–2012) AZ 9 (1990–2017) IN 9 (1998–2025) OH 9 (1988–2021) NE 9 (1914–2025) MD 9 (1983–2010) NJ 8 (1887–2018) MN 8 (1990–2024) PA 6 (1981–2024) MA 6 (1980–2025) CO 6 (1983–2020) MI 6 (1993–2025) WI 6 (1986–2007) FL 5 (1969–2012) OR 5 (1981–2021) KY 4 (1995–2025) ID 4 (1985–2010) MS 4 (1991–1995) CT 4 (1997–2018) DE 4 (1985–2023) IA 4 (1977–2022) UT 4 (1999–2020) WA 3 (1976–1993) LA 3 (2005–2012) AK 3 (1981–2026) DC 3 (1990–2015) RI 2 (2003–2004) KS 2 (2014–2020) WY 2 (1993–2020) VA 2 (2013–2023) AR 2 (1987–1987) VT 2 (1990–2020) OK 2 (1986–1993) SC 2 (1994–1996) WV 2 (1995–1997) HI 2 (1958–1996)

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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