touchstone inquiry (New Jersey) · Go Syfert
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touchstone inquiry in New Jersey

7 New Jersey opinions name it 2 courts 1975–2022 1 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
Feldman v. Lederle Laboratoriesgreen
nj · 1984 · cited in 1 New Jersey opinions naming this issue, 2022–2022
1 sentence

2022The touchstone of that inquiry is whether the manufacturer’s conduct was reasonable. “[I]n a failure-to-warn case, the element of reasonableness, which is generally a negligence principle, comes into play in determining whether a manufacturer failed to give a necessary warning or an adequate warning.” Whelan, 242 N.J. at 333; see also Feldman v. Lederle Labs., 97 N.J. 429, 451 (1984) (“[O]nce the defendant’s knowledge of the defect is imputed, strict liability analysis becomes almost identical to negligence analysis in its focus on the reasonableness of the defendant’s conduct.”).

11
Kindig It Design, Inc. v. Creative Controls, Inc.green
utd · 2016 · cited in 1 New Jersey opinions naming this issue, 2019–2019
1 sentence

2019See, e.g., Best Van Lines, Inc. v. Walker, 490 F.3d 239, 252 (2d Cir. 2007) (noting "[w]hile analyzing a defendant's conduct under the Zippo sliding scale of interactivity may help frame the jurisdictional inquiry in some cases . . . it does not amount to a separate framework for analyzing internet-based jurisdiction." Instead, "traditional statutory and constitutional principles remain the touchstone of the inquiry.") (citation omitted); Jennings v. AC Hydraulic A/S, 383 F.3d 546, 550 (7th Cir. 2004) ("Premising personal jurisdiction on the maintenance of a website, without requiring some lev

11
Pamela J. Jennings, Individually and as Personal Representative of the Estate of James R. Jennings v. Ac Hydraulic A/sgreen
ca7 · 2004 · cited in 1 New Jersey opinions naming this issue, 2019–2019
1 sentence

2019See, e.g., Best Van Lines, Inc. v. Walker, 490 F.3d 239, 252 (2d Cir. 2007) (noting "[w]hile analyzing a defendant's conduct under the Zippo sliding scale of interactivity may help frame the jurisdictional inquiry in some cases . . . it does not amount to a separate framework for analyzing internet-based jurisdiction." Instead, "traditional statutory and constitutional principles remain the touchstone of the inquiry.") (citation omitted); Jennings v. AC Hydraulic A/S, 383 F.3d 546, 550 (7th Cir. 2004) ("Premising personal jurisdiction on the maintenance of a website, without requiring some lev

11
Best Van Lines, Inc. v. Tim Walker, Docket No. 04-3924-Cvgreen
ca2 · 2007 · cited in 1 New Jersey opinions naming this issue, 2019–2019
1 sentence

2019See, e.g., Best Van Lines, Inc. v. Walker, 490 F.3d 239, 252 (2d Cir. 2007) (noting "[w]hile analyzing a defendant's conduct under the Zippo sliding scale of interactivity may help frame the jurisdictional inquiry in some cases . . . it does not amount to a separate framework for analyzing internet-based jurisdiction." Instead, "traditional statutory and constitutional principles remain the touchstone of the inquiry.") (citation omitted); Jennings v. AC Hydraulic A/S, 383 F.3d 546, 550 (7th Cir. 2004) ("Premising personal jurisdiction on the maintenance of a website, without requiring some lev

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 (6)

CaseCitedYears
State v. Rose green
nj · 2011
1 sentence

2014On June 8, 2011, approximately two weeks before the start of defendant's trial, the Supreme Court issued its decision in State v. Rose, 206 N.J. 141 (2011), stating that [i]n readdressing the other bad acts categories of res gestae evidence, we use this opportunity to direct trial courts to make the Rules of Evidence the touchstone for the analysis of all such evidence.

12014–2014
Kneipp v. Tedder green
ca3 · 1996
2 sentences

2004It can arise where: (1) the harm ultimately caused was foreseeable and fairly direct; (2) the state actor acted in willful disregard for the safety of the plaintiff; (3) there existed some relationship between the state and the plaintiff; (4) the state actors used their authority to create an opportunity that otherwise would not have existed for the third party’s crime to occur. [Kneipp v. Tedder, supra, 95 F.3d at 1208 .] In the end, the touchstone for the analysis for this exception has been whether the state actors acted with “deliberate indifference”.

2004Kneipp v. Tedder, supra, 95 F.3d at 1208 .

12004–2004
State v. Garcia green
nj · 1993
2 sentences

1994Cf. State v. Garcia, 131 N.J. 67, 81 , 618 A. 2d 326 (1993) (disclosure of police surveillance site requires a substantial showing of need); State v. Cusick, 219 N.J.

1994Cf. State v. Garcia, 131 N.J. 67, 81 , 618 A. 2d 326 (1993) (disclosure of police surveillance site requires a substantial showing of need); State v. Cusick, 219 N.J.

11994–1994
State v. Cusick green
njsuperctappdiv · 1987
1 sentence

1994Cf. State v. Garcia, 131 N.J. 67, 81 , 618 A. 2d 326 (1993) (disclosure of police surveillance site requires a substantial showing of need); State v. Cusick, 219 N.J.

11994–1994
Whitfield v. Whitfield green
njsuperctappdiv · 1987
2 sentences

1992Id. at 45 , 535 A. 2d 986 .

1992Id. at 45 , 535 A. 2d 986 .

11992–1992
Cardwell v. Lewis green
scotus · 1974
2 sentences

1975This decision is reached in deference to the principle that "insofar as Fourth Amendment protection extends to a motor vehicle, it is the right to privacy that is the touchstone of our inquiry." Cardwell v. Lewis, supra, 417 U.S. at 591 , 94 S.Ct. at 2470 .

1975This decision is reached in deference to the principle that "insofar as Fourth Amendment protection extends to a motor vehicle, it is the right to privacy that is the touchstone of our inquiry." Cardwell v. Lewis, supra, 417 U.S. at 591 , 94 S.Ct. at 2470 .

11975–1975

Where else courts name it

OH 467 (1982–2026) CA 52 (1978–2026) MA 36 (1988–2026) PA 35 (1980–2026) NY 33 (1914–2026) TX 30 (1976–2022) WA 26 (1976–2026) IL 21 (1985–2021) TN 17 (2001–2019) WI 15 (1994–2025) GA 15 (2012–2024) MD 15 (1979–2023) AZ 13 (1979–2022) OR 12 (2008–2022) MI 12 (1978–2024) AR 11 (1991–2024) CT 10 (1991–2016) IA 10 (2000–2019) FL 10 (1980–2024) VA 9 (1994–2025) MN 9 (1978–2023) UT 8 (2003–2019) MO 7 (1980–2023) NJ 7 (1975–2022) DC 7 (1991–2024) KY 5 (2023–2025) IN 5 (2001–2023) ME 5 (1973–2025) VT 4 (2008–2025) NE 4 (2008–2016) NM 4 (2009–2020) NC 4 (2012–2026) NH 4 (1985–2019) HI 4 (1973–2025) MS 4 (2002–2026) RI 3 (1993–2015) DE 3 (2019–2025) OK 3 (1997–2006) LA 3 (1996–2021) MT 3 (1979–2023) AL 2 (2000–2013) WY 2 (1989–2003) ID 2 (2018–2018) VI 2 (2011–2012) AK 2 (1979–2024) SC 2 (2013–2022)

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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