case-by-case analysis (New Jersey) · Go Syfert
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case-by-case analysis in New Jersey

55 New Jersey opinions name it 2 courts 1958–2026 12 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 (22)

CaseFollowedCited
State v. Cahillgreen
nj · 2013 · cited in 8 New Jersey opinions naming this issue, 2017–2025
2 sentences

2025Moreover, our Supreme Court has "decline[d] to adopt a rigid bright-line try-or-dismiss rule," instead continuing its commitment to "a case-by-case analysis" under the Barker balancing test; it has acknowledged "that facts of an individual case are the best indicators of whether a right to a speedy trial has been violated." State v. Cahill, 213 N.J. 253, 270-71 (2013).

2020Each application for dismissal based on speedy trial principles is fact-sensitive and requires "a case-by-case analysis rather than a bright-line time limitation." Cahill, 213 N.J. at 270 .

38
State v. McCabegreen
nj · 2010 · cited in 7 New Jersey opinions naming this issue, 2021–2026
2 sentences

2026"Motions for recusal ordinarily require a case-by-case analysis of the particular facts presented." McCabe, 201 N.J. at 46 .

2025"Motions for recusal ordinarily require a case-by-case analysis of the particular facts presented." McCabe, 201 N.J. at 46 .

27
Voorhees v. Preferred Mutual Insurancegreen
nj · 1992 · cited in 4 New Jersey opinions naming this issue, 1993–1998
2 sentences

1998Rather, we concluded that a case-by-case analysis would be necessary to determine whether “exceptional circumstances [exist] that objectively establish the insured’s intent to injure.” Ibid, (quoting Voorhees, supra, 128 N.J. at 185 , 607 A.2d 1255 ).

1998Rather, we concluded that a case-by-case analysis would be necessary to determine whether “exceptional circumstances [exist] that objectively establish the insured’s intent to injure.” Ibid, (quoting Voorhees, supra, 128 N.J. at 185 , 607 A.2d 1255 ).

14
Morton International, Inc. v. General Accident Insurancegreen
nj · 1993 · cited in 4 New Jersey opinions naming this issue, 1996–1998
2 sentences

1998Instead, the Court held that "in environmental-coverage litigation a case-by-case analysis is required in order to determine whether, in the context of all the available evidence, `exceptional circumstances [exist] that objectively establish the insured's intent to injure.'" Ibid. (alteration in original) (quoting Voorhees v. Preferred Mut.

1996Morton held that in environmental litigation whether there has been a covered occurrence requires a case-by-case analysis to determine the existence of "exceptional circumstances that objectively establish the insured's intent to injure [the environment]." Morton, 134 N.J. at 86 , 629 A. 2d 831 , (quoting Voorhees v. Preferred Mutual Ins.

14
In Re Opinion No. 24green
nj · 1992 · cited in 1 New Jersey opinions naming this issue, 2022–2022
1 sentence

2022It also involves a determination of whether non-lawyers should be allowed, in the public interest, to engage in activities that may constitute the practice of law. [Ibid.] That inquiry demands a case-by-case analysis, because “[n]o satisfactory, all-inclusive definition of what constitutes the practice of law has ever been devised.” In re Op. No. 24 of the Comm. on the Unauthorized Prac. of L., 128 N.J. 114, 122 (1992). “[I]n cases involving an overlap of professional disciplines we must try to avoid arbitrary classifications and focus instead on the public’s realistic need for protection and

11
United States v. Katzgreen
ca5 · 1999 · cited in 1 New Jersey opinions naming this issue, 2021–2021
1 sentence

2021Such a case-by-case analysis may include where the children appear to fit along the spectrum of ages: "Like any other fact, age is, of course, for the determination of the jury." State v. Carlone, 109 N.J.L. 208, 211 , 160 A. 551, 552 (Sup. Ct. 1932). "[W]hether the age of a model in a child pornography prosecution can be determined by a lay jury without the assistance of expert testimony . . . must be determined on a case by case basis." United States v. Katz, 178 F.3d 368, 373 (5th Cir. 1999).

11
State v. Carlonegreen
nj · 1932 · cited in 1 New Jersey opinions naming this issue, 2021–2021
2 sentences

2021Such a case-by-case analysis may include where the children appear to fit along the spectrum of ages: "Like any other fact, age is, of course, for the determination of the jury." State v. Carlone, 109 N.J.L. 208, 211 , 160 A. 551, 552 (Sup. Ct. 1932). "[W]hether the age of a model in a child pornography prosecution can be determined by a lay jury without the assistance of expert testimony . . . must be determined on a case by case basis." United States v. Katz, 178 F.3d 368, 373 (5th Cir. 1999).

2021Such a case-by-case analysis may include where the children appear to fit along the spectrum of ages: "Like any other fact, age is, of course, for the determination of the jury." State v. Carlone, 109 N.J.L. 208, 211 , 160 A. 551, 552 (Sup. Ct. 1932). "[W]hether the age of a model in a child pornography prosecution can be determined by a lay jury without the assistance of expert testimony . . . must be determined on a case by case basis." United States v. Katz, 178 F.3d 368, 373 (5th Cir. 1999).

11
DeNike v. Cupogreen
nj · 2008 · cited in 1 New Jersey opinions naming this issue, 2021–2021
1 sentence

2021A-2083-19 31 The standard to assess plaintiffs' request for recusal is: "Would a reasonable, fully informed person have doubts about the judge's impartiality?" DeNike v. Cupo, 196 N.J. 502, 517 (2008).

11
State v. Gillispiegreen
nj · 2011 · cited in 1 New Jersey opinions naming this issue, 2021–2021
2 sentences

2021"Admission of evidence as supportive of a signature crime must remain a case- by-case analysis, assessing what it is about the method of a crime's commission that might make it a signature crime." Sterling, 215 N.J. at 97 . "[C]ircumstantial evidence is key, and the unique common features among the crimes must be nearly identical." State v. Gillispie, 208 N.J. 59, 88 (2011).

2021Other-crime evidence admitted for the purpose of identity under N.J.R.E. 404(b) is not "limited to testimony of the defendant's participation in a similar or 'signature' crime." Id. at 86 .

11
Irval Realty Inc. v. Board of Public Utility Commissionersgreen
nj · 1972 · cited in 1 New Jersey opinions naming this issue, 2015–2015
2 sentences

2015Cf. Irval, supra, 61 N.J. at 375-76 (rejecting, under common law analysis, after (continued) government record.

2015Cf. Irval, supra, 61 N.J. at 375-76 (rejecting, under common law analysis, after (continued) government record.

11
Meshinsky v. Nichols Yacht Sales, Inc.green
nj · 1988 · cited in 1 New Jersey opinions naming this issue, 2013–2013
2 sentences

2013See Meshinsky, supra, 110 N.J. at 472 , 541 A.2d 1063 (noting that courts considering alleged CFA violations should ‘“pour content’ into the concept” of unconscionable commercial practices under the CFA “on a case-by-case basis” (quoting Kugler, supra, 58 N.J. at 543 , 279 A.2d 640 )); Papergraphics Int’l, Inc. v. Correa, 389 N.J.Super. 8, 13 , 910 A.2d 625 (App.Div.2006) (noting that “CFA applicability hinges on the nature of a transaction, requiring a case by case analysis”); accord Assocs.

2013See Meshinsky, supra, 110 N.J. at 472 , 541 A.2d 1063 (noting that courts considering alleged CFA violations should ‘“pour content’ into the concept” of unconscionable commercial practices under the CFA “on a case-by-case basis” (quoting Kugler, supra, 58 N.J. at 543 , 279 A.2d 640 )); Papergraphics Int’l, Inc. v. Correa, 389 N.J.Super. 8, 13 , 910 A.2d 625 (App.Div.2006) (noting that “CFA applicability hinges on the nature of a transaction, requiring a case by case analysis”); accord Assocs.

11
Kugler v. Romaingreen
nj · 1971 · cited in 1 New Jersey opinions naming this issue, 2013–2013
2 sentences

2013See Meshinsky, supra, 110 N.J. at 472 , 541 A.2d 1063 (noting that courts considering alleged CFA violations should ‘“pour content’ into the concept” of unconscionable commercial practices under the CFA “on a case-by-case basis” (quoting Kugler, supra, 58 N.J. at 543 , 279 A.2d 640 )); Papergraphics Int’l, Inc. v. Correa, 389 N.J.Super. 8, 13 , 910 A.2d 625 (App.Div.2006) (noting that “CFA applicability hinges on the nature of a transaction, requiring a case by case analysis”); accord Assocs.

2013See Meshinsky, supra, 110 N.J. at 472 , 541 A.2d 1063 (noting that courts considering alleged CFA violations should ‘“pour content’ into the concept” of unconscionable commercial practices under the CFA “on a case-by-case basis” (quoting Kugler, supra, 58 N.J. at 543 , 279 A.2d 640 )); Papergraphics Int’l, Inc. v. Correa, 389 N.J.Super. 8, 13 , 910 A.2d 625 (App.Div.2006) (noting that “CFA applicability hinges on the nature of a transaction, requiring a case by case analysis”); accord Assocs.

11
Associates Home Eq. Servs. v. Troupgreen
njsuperctappdiv · 2001 · cited in 1 New Jersey opinions naming this issue, 2013–2013
2 sentences

2013Home Equity Servs., Inc. v. Troup, 343 N.J.Super. 254, 278 , 778 A.2d 529 (App.Div.2001).

2013Home Equity Servs., Inc. v. Troup, 343 N.J.Super. 254, 278 , 778 A.2d 529 (App.Div.2001).

11
Dreier Co., Inc. v. Unitronix Corp.green
njsuperctappdiv · 1986 · cited in 1 New Jersey opinions naming this issue, 2011–2011
2 sentences

2011Compare Dreier Co., supra, 218 N.J.Super. at 273 , 527 A. 2d 875 ; Hundred E.

2011Compare Dreier Co., supra, 218 N.J.Super. at 273 , 527 A. 2d 875 ; Hundred E.

11
Hundred East Credit Corp. v. Eric Schuster Corp.green
njsuperctappdiv · 1986 · cited in 1 New Jersey opinions naming this issue, 2006–2006
2 sentences

2006See Hundred East Credit Corp., supra, 212 N.J.Super. at 356-57 , 515 A. 2d 246 .

2006See Hundred East Credit Corp., supra, 212 N.J.Super. at 356-57 , 515 A. 2d 246 .

11
Lopez v. Stategreen
texcrimapp · 2000 · cited in 1 New Jersey opinions naming this issue, 2004–2004
1 sentence

2004See Lopez v. State, 18 S.W.3d 220, 225 (Tex.Crim.App.2000) (declining “to create a per se exception to the Rule 608(b) for sexual offenses” because “[i]t makes no sense to say that certain factors will always be present in a case involving a sexual offense”).

11
State v. Sullivangreen
nj · 2001 · cited in 1 New Jersey opinions naming this issue, 2003–2003
11
State v. Ravottogreen
nj · 2001 · cited in 1 New Jersey opinions naming this issue, 2003–2003
11
Universal-Rundle v. Commercial Ins.green
njsuperctappdiv · 1999 · cited in 1 New Jersey opinions naming this issue, 2000–2000
11
Pharmacia & Upjohn Co. v. American Insurancegreen
njsuperctappdiv · 1998 · cited in 1 New Jersey opinions naming this issue, 2000–2000
11
Mondelli v. State Farm Mut. Auto. Ins. Co.green
njsuperctappdiv · 1984 · cited in 1 New Jersey opinions naming this issue, 1986–1986
11
Smith v. Smithgreen
nj · 1977 · cited in 1 New Jersey opinions naming this issue, 1982–1982
11

Distinguished, questioned or overruled (1)

CaseNegativeCited
State v. Boltegreen
nj · 1989 · cited in 1 New Jersey opinions naming this issue, 2003–2003
11

Also cited on this issue (26)

CaseCitedYears
Papergraphics Intern., Inc. v. Correa green
njsuperctappdiv · 2006
2 sentences

2013See Meshinsky, supra, 110 N.J. at 472 , 541 A.2d 1063 (noting that courts considering alleged CFA violations should ‘“pour content’ into the concept” of unconscionable commercial practices under the CFA “on a case-by-case basis” (quoting Kugler, supra, 58 N.J. at 543 , 279 A.2d 640 )); Papergraphics Int’l, Inc. v. Correa, 389 N.J.Super. 8, 13 , 910 A.2d 625 (App.Div.2006) (noting that “CFA applicability hinges on the nature of a transaction, requiring a case by case analysis”); accord Assocs.

2013See Meshinsky, supra, 110 N.J. at 472 , 541 A.2d 1063 (noting that courts considering alleged CFA violations should ‘“pour content’ into the concept” of unconscionable commercial practices under the CFA “on a case-by-case basis” (quoting Kugler, supra, 58 N.J. at 543 , 279 A.2d 640 )); Papergraphics Int’l, Inc. v. Correa, 389 N.J.Super. 8, 13 , 910 A.2d 625 (App.Div.2006) (noting that “CFA applicability hinges on the nature of a transaction, requiring a case by case analysis”); accord Assocs.

52008–2013
Pfender v. Torres green
njsuperctappdiv · 2001
2 sentences

2019In Pfender , the plaintiff "was injured at a gas station when defendant Joseph A. Torres drove his employer's car over her foot." 336 N.J.

2019In Pfender, the plaintiff "was injured at a gas station when defendant Joseph A. Torres drove his employer's car over her foot." 336 N.J.

22019–2019
Painter v. Painter green
nj · 1974
2 sentences

2011Painter v. Painter, 65 N.J. 196, 213-214 , 320 A. 2d 484 (1974).

1982Acknowledging that this would not provide "certain and ready answers to all questions," it was nevertheless chosen as a preferable alternative to a case by case inquiry as to "when a breakdown of the marital relationship has become irretrievable." Id. at 217-18 .

21982–2011
State v. Martini green
nj · 1994
2 sentences

1999In precedent-seeking review, we engage in a traditional case-by-case analysis and "compare the defendant's case to factually-similar cases to determine whether the defendant is deathworthy in light of similarly-situated defendants." Martini II, supra, 139 N.J. at 28 , 651 A. 2d 949 .

1999In precedent-seeking review, we engage in a traditional case-by-case analysis and "compare the defendant's case to factually-similar cases to determine whether the defendant is deathworthy in light of similarly-situated defendants." Martini II, supra, 139 N.J. at 28 , 651 A. 2d 949 .

21999–1999
New Jersey State Bar Ass'n v. New Jersey Ass'n of Realtor Boards green
nj · 1983
1 sentence

2022State Bar Ass’n, 94 N.J. at 449-50 . 25 notice to the buyer and seller about the role of counsel and practical considerations related to the transaction.

12022–2022
State v. Sterling green
nj · 2013
1 sentence

2021"Admission of evidence as supportive of a signature crime must remain a case- by-case analysis, assessing what it is about the method of a crime's commission that might make it a signature crime." Sterling, 215 N.J. at 97 . "[C]ircumstantial evidence is key, and the unique common features among the crimes must be nearly identical." State v. Gillispie, 208 N.J. 59, 88 (2011).

12021–2021
Brown v. Brown green
njsuperctappdiv · 2002
1 sentence

2019A case- by-case analysis is required, "with sensitivity and adjustment for the particular A-2453-16T1 17 circumstances and the flexibility to deal with extraordinary circumstances." Brown, 348 N.J.

12019–2019
Smith v. Young green
njsuperctappdiv · 1997
1 sentence

2018Id. at 92-100 .

12018–2018
North Jersey Media Group, Inc. v. Township of Lyndhurst green
njsuperctappdiv · 2015
2 sentences

2017The panel also correctly noted that “when an officer turns on a mobile video recorder to document a traffic stop or pursuit of a suspected criminal violation of law, that recording may pertain to a ‘criminal investigation,’ albeit in its earliest stages.” NJMG, supra, 441 N.J.Super. at 104-05 , 116 A.3d 570 .

2017The panel also correctly noted that “when an officer turns on a mobile video recorder to document a traffic stop or pursuit of a suspected criminal violation of law, that recording may pertain to a ‘criminal investigation,’ albeit in its earliest stages.” NJMG, supra, 441 N.J.Super. at 104-05 , 116 A.3d 570 .

12017–2017
State v. Perkins green
njsuperctappdiv · 1987
2 sentences

2013For example, in State v. Perkins, 219 N.J.Super. 121, 125-26 , 529 A.2d 1056 (Law Div.1987), a judge dismissed a driving-while-intoxicated charge when the State was not prepared to proceed at a peremptory trial date three months after the underlying incident.

2013For example, in State v. Perkins, 219 N.J.Super. 121, 125-26 , 529 A.2d 1056 (Law Div.1987), a judge dismissed a driving-while-intoxicated charge when the State was not prepared to proceed at a peremptory trial date three months after the underlying incident.

12013–2013
State v. Birkenmeier green
nj · 2006
1 sentence

2010The Court stated that in "[a]pplying the case-by-case analysis required by [ State v. ] Dunlap[,] [ 185 N.J. 543 , 888 A. 2d 1278 (2006)] and Cooke here, there is no doubt that [the officer's] observation of the laundry tote bag on the front passenger's seat of defendant's car and detection of `a very strong odor of marijuana' sufficed to provide the probable cause and exigent circumstances needed. . . ." Id. at 563 , 888 A. 2d 1283 .

12010–2010
State v. Dunlap green
nj · 2006
2 sentences

2010The Court stated that in "[a]pplying the case-by-case analysis required by [ State v. ] Dunlap[,] [ 185 N.J. 543 , 888 A. 2d 1278 (2006)] and Cooke here, there is no doubt that [the officer's] observation of the laundry tote bag on the front passenger's seat of defendant's car and detection of `a very strong odor of marijuana' sufficed to provide the probable cause and exigent circumstances needed. . . ." Id. at 563 , 888 A. 2d 1283 .

2010The Court stated that in "[a]pplying the case-by-case analysis required by [ State v. ] Dunlap[,] [ 185 N.J. 543 , 888 A. 2d 1278 (2006)] and Cooke here, there is no doubt that [the officer's] observation of the laundry tote bag on the front passenger's seat of defendant's car and detection of `a very strong odor of marijuana' sufficed to provide the probable cause and exigent circumstances needed. . . ." Id. at 563 , 888 A. 2d 1283 .

12010–2010
BOC GROUP v. Lummus Crest green
njsuperctappdiv · 1990
2 sentences

2009In BOC Group, Inc. v. Lummus Crest, Inc., 251 N.J.Super. 271, 277-78 , 597 A. 2d 1109 (Law Div.1990), the court had to decide whether "merchandise" under the CFA encompassed a licensing agreement for a complex petroleum refining process. *867 In concluding that such a licensing agreement was not a "service" within the definition of "merchandise" in N.J.S.A. 56:8-1(c), the court held that what had been sold was an idea or a design.

2009In BOC Group, Inc. v. Lummus Crest, Inc., 251 N.J.Super. 271, 277-78 , 597 A. 2d 1109 (Law Div.1990), the court had to decide whether "merchandise" under the CFA encompassed a licensing agreement for a complex petroleum refining process. *867 In concluding that such a licensing agreement was not a "service" within the definition of "merchandise" in N.J.S.A. 56:8-1(c), the court held that what had been sold was an idea or a design.

12009–2009
Lemelledo v. Beneficial Management Corp. of America green
nj · 1997
2 sentences

2008When analyzing whether a transaction is covered by the CFA, "it should ordinarily be assumed that the CFA applies to the covered practice." Lemelledo, supra, 150 N.J. at 268 , 696 A. 2d 546 .

2008When analyzing whether a transaction is covered by the CFA, "it should ordinarily be assumed that the CFA applies to the covered practice." Lemelledo, supra, 150 N.J. at 268 , 696 A. 2d 546 .

12008–2008
State v. Loftin green
nj · 1999
11999–1999
Matter of Imbrriani green
nj · 1997
11998–1998
People v. Free green
ill · 1986
11992–1992
Livingstone v. Abraham & Straus, Inc. green
nj · 1988
11988–1988
Medici v. BPR Co. green
nj · 1987
11988–1988
Nemchick v. Thatcher Glass Mfg. Co. green
njsuperctappdiv · 1985
11987–1987
United States v. Yazell green
scotus · 1966
11987–1987
United States v. Kimbell Foods, Inc. green
scotus · 1979
11987–1987
Di Giacomo v. Di Giacomo green
nj · 1979
11982–1982
Carlsen v. Carlsen green
nj · 1977
11982–1982
Solari Industries, Inc. v. Malady green
nj · 1970
11978–1978
Gnapinsky v. Goldyn green
nj · 1957
11958–1958

Statutes the citing opinions construe

NJ § N.J. Stat. § 39:4-50 (7) NJ § N.J. Stat. § 2C:44-1 (6) NJ § N.J. Stat. § 39:4-88 (5) NJ § N.J. Stat. § 2C:14-2 (4) NJ § N.J. Stat. § 2C:43-7.2 (4) NJ § N.J. Stat. § 39:4-96 (4) NJ § N.J. Stat. § 39:3-29 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TN 121 (1985–2026) CA 110 (1974–2026) IL 90 (1978–2025) NY 83 (1972–2026) TX 75 (1972–2025) OH 72 (1979–2025) WA 63 (1986–2026) CT 61 (1986–2025) PA 60 (1974–2025) NJ 55 (1958–2026) LA 53 (1985–2024) NM 49 (1983–2024) FL 43 (1976–2026) CO 43 (1976–2026) NC 40 (1984–2026) ID 34 (1978–2026) RI 32 (1985–2022) WI 30 (1977–2024) MD 29 (1975–2025) MI 28 (1981–2024) MO 24 (1964–2021) IA 23 (1996–2023) MS 23 (1979–2024) KS 22 (1981–2022) MA 21 (1982–2024) VA 21 (1980–2024) SC 20 (1984–2020) OR 18 (1952–2025) AZ 18 (1985–2025) MN 17 (1988–2025) UT 17 (1989–2025) KY 16 (1987–2026) GA 14 (1992–2023) NE 12 (1983–2023) MT 11 (1993–2025) HI 10 (1994–2025) OK 9 (1983–2022) ND 9 (1985–2024) WV 8 (1983–2025) DC 8 (1986–2016) VT 8 (1992–2020) AL 7 (1986–2007) AK 7 (1983–2022) IN 7 (1993–2019) NV 6 (2008–2016) WY 6 (1984–2024) ME 5 (1992–2018) AR 5 (1981–2008) NH 4 (1991–2007) SD 3 (2001–2023) DE 2 (2013–2025)

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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