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7 New Jersey opinions name it 2 courts 1993–2007 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 |
|---|---|---|
Amchem Products, Inc. v. Windsorgreen2 sentences2007For example, the United States Supreme Court observed that the drafters of the federal class-action rule sought to vindicate “the rights of groups of people who individually would be without effective strength to bring their opponents into court at all.” Amchem Prods., Inc. v. Windsor, 521 U.S. 591, 617 , 117 S.Ct. 2231, 2246 , 138 L.Ed.2d 689, 708-09 (1997) (quotation omitted). 2007For example, the United States Supreme Court observed that the drafters of the federal class-action rule sought to vindicate “the rights of groups of people who individually would be without effective strength to bring their opponents into court at all.” Amchem Prods., Inc. v. Windsor, 521 U.S. 591, 617 , 117 S.Ct. 2231, 2246 , 138 L.Ed.2d 689, 708-09 (1997) (quotation omitted). | 1 | 1 |
Dianne Castano v. The American Tobacco Companygreen1 sentence2003Thus, in order to determine whether the requirements for class action certification have been met, the Fifth Circuit held that inquiry beyond the pleadings must be made because "the court must understand the claims, defenses, relevant facts, and applicable substantive law in order to make a meaningful determination of the certification issues." Castano v. American Tobacco Co., 84 F. 3d 734, 744 (5th Cir.1996); accord, Carroll v. Cellco Partnership, 313 N.J.Super. 488, 495 , 713 A. 2d 509 (App. Div.1998) (quoting Castano). | 1 | 1 |
Carroll v. Cellco Partnershipgreen2 sentences2003Thus, in order to determine whether the requirements for class action certification have been met, the Fifth Circuit held that inquiry beyond the pleadings must be made because "the court must understand the claims, defenses, relevant facts, and applicable substantive law in order to make a meaningful determination of the certification issues." Castano v. American Tobacco Co., 84 F. 3d 734, 744 (5th Cir.1996); accord, Carroll v. Cellco Partnership, 313 N.J.Super. 488, 495 , 713 A. 2d 509 (App. Div.1998) (quoting Castano). 2003Thus, in order to determine whether the requirements for class action certification have been met, the Fifth Circuit held that inquiry beyond the pleadings must be made because "the court must understand the claims, defenses, relevant facts, and applicable substantive law in order to make a meaningful determination of the certification issues." Castano v. American Tobacco Co., 84 F. 3d 734, 744 (5th Cir.1996); accord, Carroll v. Cellco Partnership, 313 N.J.Super. 488, 495 , 713 A. 2d 509 (App. Div.1998) (quoting Castano). | 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 |
|---|---|---|
Delgozzo v. Kenny
green
2 sentences2007“New Jersey courts, as well as federal courts construing the federal class action rule after which our rule is modelled [sic], have consistently held that the class action rule should be liberally construed.” Delgozzo, supra, 266 N.J.Super. at 179 , 628 A.2d 1080 (collecting eases); see also Varacallo v. Mass. Mut. 2007“New Jersey courts, as well as federal courts construing the federal class action rule after which our rule is modelled [sic], have consistently held that the class action rule should be liberally construed.” Delgozzo, supra, 266 N.J.Super. at 179 , 628 A.2d 1080 (collecting eases); see also Varacallo v. Mass. Mut. | 4 | 1997–2007 |
In Re the Cadillac V8-6-4 Class Action
green
2 sentences2003Although class certification may not be denied based on the factual merits of a complaint, some preliminary analysis of the legal theory on which the action is based is required In re Cadillac, supra, at 426 , 461 A. 2d 736 . see also, Olive v. Graceland Sales Corp., 61 N.J. 182, 189 , 293 A. 2d 658 , (1972) (where the Court observed: "Ordinarily, the merits of a complaint are not involved in a determination as to whether a class action may be maintained unless of course the allegations are patently frivolous.") While not bound by the interpretations given the federal class-action rule, New Je 1997Riley v. New Rapids Carpet Center, 61 N.J. 218, 228 , 294 A.2d 7 (1972); In re Cadillac V8-6-4 Class Action, 93 N.J. 412, 435 , 461 A.2d 736 (1983); Delgozzo v. Kenny, 266 N.J.Super. 169, 179 , 628 A.2d 1080 (App.Div.1993). | 3 | 1993–2003 |
Riley v. New Rapids Carpet Center
green
2 sentences1997Riley v. New Rapids Carpet Center, 61 N.J. 218, 228 , 294 A.2d 7 (1972); In re Cadillac V8-6-4 Class Action, 93 N.J. 412, 435 , 461 A.2d 736 (1983); Delgozzo v. Kenny, 266 N.J.Super. 169, 179 , 628 A.2d 1080 (App.Div.1993). 1997Riley v. New Rapids Carpet Center, 61 N.J. 218, 228 , 294 A.2d 7 (1972); In re Cadillac V8-6-4 Class Action, 93 N.J. 412, 435 , 461 A.2d 736 (1983); Delgozzo v. Kenny, 266 N.J.Super. 169, 179 , 628 A.2d 1080 (App.Div.1993). | 2 | 1993–1997 |
Iliadis v. Wal-Mart Stores, Inc.
green
2 sentences2007Iliadis v. Wal-Mart Stores, Inc., 191 N.J. 88, 103 , 922 A. 2d 710 (2007); Varacallo v. Mass. Mut. 2007Iliadis v. Wal-Mart Stores, Inc., 191 N.J. 88, 103 , 922 A. 2d 710 (2007); Varacallo v. Mass. Mut. | 1 | 2007–2007 |
LUSKY v. Capasso Brothers
green
2 sentences2006Thus, "a class action `should be permitted unless there is a clear showing that it is inappropriate or improper.'" Id. at 180 , 628 A. 2d 1080 (quoting Lusky v. Capasso Bros., 118 N.J.Super. 369, 373 , 287 A. 2d 736 (App. Div.1972)). 2006Thus, "a class action `should be permitted unless there is a clear showing that it is inappropriate or improper.'" Id. at 180 , 628 A. 2d 1080 (quoting Lusky v. Capasso Bros., 118 N.J.Super. 369, 373 , 287 A. 2d 736 (App. Div.1972)). | 1 | 2006–2006 |
Olive v. Graceland Sales Corp.
green
2 sentences2003Although class certification may not be denied based on the factual merits of a complaint, some preliminary analysis of the legal theory on which the action is based is required In re Cadillac, supra, at 426 , 461 A. 2d 736 . see also, Olive v. Graceland Sales Corp., 61 N.J. 182, 189 , 293 A. 2d 658 , (1972) (where the Court observed: "Ordinarily, the merits of a complaint are not involved in a determination as to whether a class action may be maintained unless of course the allegations are patently frivolous.") While not bound by the interpretations given the federal class-action rule, New Je 2003Although class certification may not be denied based on the factual merits of a complaint, some preliminary analysis of the legal theory on which the action is based is required In re Cadillac, supra, at 426 , 461 A. 2d 736 . see also, Olive v. Graceland Sales Corp., 61 N.J. 182, 189 , 293 A. 2d 658 , (1972) (where the Court observed: "Ordinarily, the merits of a complaint are not involved in a determination as to whether a class action may be maintained unless of course the allegations are patently frivolous.") While not bound by the interpretations given the federal class-action rule, New Je | 1 | 2003–2003 |
Crown, Cork & Seal Co. v. Parker
green
2 sentences1999Otherwise, the Court concluded, "The result would be a needless multiplicity of actions—precisely the situation that [the federal class action rule] and the tolling rule of American Pipe were designed to avoid." Id. at 351 , 103 S.Ct. at 2396 , 76 L. 1999Otherwise, the Court concluded, "The result would be a needless multiplicity of actions—precisely the situation that [the federal class action rule] and the tolling rule of American Pipe were designed to avoid." Id. at 351 , 103 S.Ct. at 2396 , 76 L. | 1 | 1999–1999 |
Saldana v. City of Camden
green
1 sentence1993In re Cadillac, supra, 93 N.J. at 435 , 461 A. 2d 736 ; Riley v. New Rapids Carpet Center, 61 N.J. 218, 228 , 294 A. 2d 7 (1972); Saldana v. City of Camden, 252 N.J. | 1 | 1993–1993 |
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.