fundamental purpose rule (New Jersey) · Go Syfert
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fundamental purpose rule in New Jersey

7 New Jersey opinions name it 2 courts 1958–2022 2 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 (8)

CaseFollowedCited
Firefreeze Worldwide Inc. v. BRENNAN AND ASSOC.green
njsuperctappdiv · 2002 · cited in 2 New Jersey opinions naming this issue, 2022–2022
2 sentences

2022"That goal is achieved through the imposition of financial consequences (the award of fees and costs) where a settlement offer turns out to be more favorable than the ultimate judgment." Ibid. (citing Firefreeze Worldwide Inc. v. Brennan & Assocs., 347 N.J.

2022"That goal is achieved through the imposition of financial consequences (the award of fees and costs) where a settlement offer turns out to be more favorable than the ultimate judgment." Ibid. (citing Firefreeze Worldwide, Inc. v. Brennan & Assocs., 347 N.J. Super. 435, 441 (App. Div. 2002)); see also R. 4:58-2 (explaining consequences of not accepting a claimant's offer); R. 4:58-3 (explaining consequences of not accepting an offer by "a party other than the claimant").

22
Palmer v. Kovacsgreen
njsuperctappdiv · 2006 · cited in 2 New Jersey opinions naming this issue, 2009–2020
2 sentences

2020See Palmer v. Kovacs, 385 N.J.

2009See, e.g., Palmer v. Kovacs, 385 N.J.Super. 419, 425 , 897 A.2d 429 (App.Div.), certif. denied, 188 N.J. 356 , 907 A.2d 1015 (2006); Sovereign Bank v. United Nat.

22
Best v. C&M Door Controls, Inc.green
nj · 2009 · cited in 3 New Jersey opinions naming this issue, 2013–2022
2 sentences

2022"The fundamental purpose of the rule is to induce settlement by discouraging the rejection of reasonable offers of compromise." Ibid.

2022"The offer of judgment rule . . . was 'designed . . . as a mechanism to encourage, promote, and stimulate early out-of-court settlement of . . . claims A-5367-18 11 that in justice and reason ought to be settled without trial.'" Willner v. Vertical Reality, Inc., 235 N.J. 65, 81 (2018) (quoting Schettino v. Roizman Dev., Inc., 158 N.J. 476, 482 (1999)); see also Best v. C&M Door Controls, Inc., 200 N.J. 348, 356 (2009) ("The fundamental purpose of the rule is to induce settlement by discouraging the rejection of reasonable offers of compromise.").

13
Willner v. Vertical Reality, Inc.green
nj · 2018 · cited in 1 New Jersey opinions naming this issue, 2022–2022
1 sentence

2022"The offer of judgment rule . . . was 'designed . . . as a mechanism to encourage, promote, and stimulate early out-of-court settlement of . . . claims A-5367-18 11 that in justice and reason ought to be settled without trial.'" Willner v. Vertical Reality, Inc., 235 N.J. 65, 81 (2018) (quoting Schettino v. Roizman Dev., Inc., 158 N.J. 476, 482 (1999)); see also Best v. C&M Door Controls, Inc., 200 N.J. 348, 356 (2009) ("The fundamental purpose of the rule is to induce settlement by discouraging the rejection of reasonable offers of compromise.").

11
Schettino v. Roizman Development, Inc.green
nj · 1999 · cited in 1 New Jersey opinions naming this issue, 2022–2022
1 sentence

2022"The offer of judgment rule . . . was 'designed . . . as a mechanism to encourage, promote, and stimulate early out-of-court settlement of . . . claims A-5367-18 11 that in justice and reason ought to be settled without trial.'" Willner v. Vertical Reality, Inc., 235 N.J. 65, 81 (2018) (quoting Schettino v. Roizman Dev., Inc., 158 N.J. 476, 482 (1999)); see also Best v. C&M Door Controls, Inc., 200 N.J. 348, 356 (2009) ("The fundamental purpose of the rule is to induce settlement by discouraging the rejection of reasonable offers of compromise.").

11
Palmer v. Kovacsgreen
nj · 2006 · cited in 1 New Jersey opinions naming this issue, 2009–2009
2 sentences

2009See, e.g., Palmer v. Kovacs, 385 N.J.Super. 419, 425 , 897 A.2d 429 (App.Div.), certif. denied, 188 N.J. 356 , 907 A.2d 1015 (2006); Sovereign Bank v. United Nat.

2009See, e.g., Palmer v. Kovacs, 385 N.J.Super. 419, 425 , 897 A.2d 429 (App.Div.), certif. denied, 188 N.J. 356 , 907 A.2d 1015 (2006); Sovereign Bank v. United Nat.

11
Commonwealth v. Hartmangreen
pa · 1851 · cited in 1 New Jersey opinions naming this issue, 1980–1980
2 sentences

1980In Landis v. Ashworth, 57 N.J.L. 509 (Sup.Ct. 1895), for example, the court, in rejecting a claim that a school district did not have the power to tax, addressed the education clause added to the 1844 Constitution by the 1875 amendment and observed that the fundamental purpose of that clause was to impose on the legislature a duty of providing for a thorough and efficient system of free schools, capable of affording to every child such instruction as is necessary to fit it for the ordinary duties of citizenship . . . . [ 57 N.J.L. at 512 .] Cf. Commonwealth v. Hartman, 17 Pa. 118, 119-120 (Sup

1980In Landis v. Ashworth, 57 N.J.L. 509 (Sup.Ct. 1895), for example, the court, in rejecting a claim that a school district did not have the power to tax, addressed the education clause added to the 1844 Constitution by the 1875 amendment and observed that the fundamental purpose of that clause was to impose on the legislature a duty of providing for a thorough and efficient system of free schools, capable of affording to every child such instruction as is necessary to fit it for the ordinary duties of citizenship.... [ 57 N.J.L. at 512 .] Cf. Commonwealth v. Hartman, 17 Pa. 118, 119-120 (Sup.Ct.

11
Trustees of Rutgers College v. Morgangreen
nj · 1904 · cited in 1 New Jersey opinions naming this issue, 1980–1980
2 sentences

1980VII, § 1), cited with approval in Trustees of Rutgers College v. Morgan, 70 N.J.L. 460, 473 (Sup.Ct.1904), aff’d per curiam as modified 71 N.J.L. 663 (E. & A.1905).

1980VII, § 1), cited with approval in Trustees of Rutgers College v. Morgan, 70 N.J.L. 460, 473 (Sup.Ct. 1904), aff'd per curiam as modified 71 N.J.L. 663 (E. & A. 1905).

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 (3)

CaseCitedYears
Trustees of Rutgers College v. Morgan green
nj · 1905
2 sentences

1980VII, § 1), cited with approval in Trustees of Rutgers College v. Morgan, 70 N.J.L. 460, 473 (Sup.Ct.1904), aff’d per curiam as modified 71 N.J.L. 663 (E. & A.1905).

1980VII, § 1), cited with approval in Trustees of Rutgers College v. Morgan, 70 N.J.L. 460, 473 (Sup.Ct. 1904), aff'd per curiam as modified 71 N.J.L. 663 (E. & A. 1905).

11980–1980
Landis v. Ashworth green
nj · 1895
2 sentences

1980In Landis v. Ashworth, 57 N.J.L. 509 (Sup.Ct. 1895), for example, the court, in rejecting a claim that a school district did not have the power to tax, addressed the education clause added to the 1844 Constitution by the 1875 amendment and observed that the fundamental purpose of that clause was to impose on the legislature a duty of providing for a thorough and efficient system of free schools, capable of affording to every child such instruction as is necessary to fit it for the ordinary duties of citizenship . . . . [ 57 N.J.L. at 512 .] Cf. Commonwealth v. Hartman, 17 Pa. 118, 119-120 (Sup

1980In Landis v. Ashworth, 57 N.J.L. 509 (Sup.Ct. 1895), for example, the court, in rejecting a claim that a school district did not have the power to tax, addressed the education clause added to the 1844 Constitution by the 1875 amendment and observed that the fundamental purpose of that clause was to impose on the legislature a duty of providing for a thorough and efficient system of free schools, capable of affording to every child such instruction as is necessary to fit it for the ordinary duties of citizenship . . . . [ 57 N.J.L. at 512 .] Cf. Commonwealth v. Hartman, 17 Pa. 118, 119-120 (Sup

11980–1980
Torrey v. Torrey neutral
nj · 1904
1 sentence

1958Torrey v. Torrey, 70 N.J.L. 672 ." Ultimately, of course, each case must be determined upon its own facts and circumstances, but the fundamental purpose of the inquiry always remains.

11958–1958

Where else courts name it

CA 23 (1954–2026) PA 9 (1978–2025) NJ 7 (1958–2022) CO 5 (1981–2025) NV 5 (2011–2017) IL 4 (1970–2025) TX 4 (1992–2010) NY 3 (1996–2025) KS 2 (2018–2022) WA 2 (1982–2021) OH 2 (1997–2021) MA 2 (2001–2013) FL 2 (1960–1983) DC 2 (1989–1997) HI 2 (1986–1993)

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.

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