49 New Jersey opinions name it 2 courts 1923–2026 7 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 |
|---|---|---|
Board of Regents of State Colleges v. Rothgreen2 sentences2019He must, instead, have a legitimate claim of entitlement to it." Bd. of Regents v. Roth, 408 U.S. 564, 577 (1972). 1993He must, instead, have a legitimate claim of entitlement to it.” Roth, supra, 408 U.S. at 577 , 92 S.Ct. at 2709 , 33 L.Ed.2d at 561 . | 4 | 9 |
De Tore v. Local 245 of Jersey City Public Employees Uniongreen2 sentences1985See DeTore v. Local 245, Jersey City Public Employees Union, 615 F. 2d 980 (3d Cir.1980); Mozier v. Board of Education of Cherry Hill, 450 F. Supp. 742 (D.N.J. 1977) (the courts followed Roth finding no cognizable property or liberty interest absent any contractual, statutory or implied right to continued employment.) Nicoletta v. North District Water Supply Commission, 77 N.J. 145 (1978), is distinguishable as it predates the amendment to N.J.A.C. 4:1-8.14(b)(6). [3] Since the amendment to the Administrative Code of October 4, 1978, Tuch v. College of Medicine and Dentistry, 177 N.J. 1985See DeTore v. Local 245, Jersey City Public Employees Union, 615 F.2d 980 (3d Cir.1980); Mozier v. Board of Education of Cherry Hill, 450 F.Supp. 742 (D.N.J.1977) (the courts followed Roth finding no cognizable property or liberty interest absent any contractual, statutory or implied right to continued employment.) Nicoletta v. North District Water Supply Commission, 77 N.J. 145 (1978), is distinguishable as it predates the amendment to N.J.A.C. 4:l-8.14(b)(6). 3 Since the amendment to the Administrative Code of October 4, 1978, Tuch v. College of Medicine and Dentistry, 177 N.J.Super. 101 (Ap | 2 | 2 |
State v. Perrygreen2 sentences2021The public interest, while important, may not overwhelm defendant's interest in pursuing a legitimate defense in the complex setting of a criminal trial." Id. at 510 (Long, J., concurring) (alteration in original) (quoting State v. Perry, 124 N.J. 128, 162-63 (1991)). 2011The public interest, while important, may not overwhelm defendant's interest in pursuing a legitimate defense in the complex setting of a criminal trial." State v. Perry, 124 N.J. 128, 162-63 , 590 A. 2d 624 (1991). | 1 | 3 |
JE on Behalf of GE v. Stategreen1 sentence2025G.E. v. State, 131 N.J. 552, 563-64 (1993). | 1 | 1 |
In Re General Disciplinary Hearing of Trooper Carberrygreen1 sentence2024As plaintiff acknowledged, the Superintendent had the discretion to post the station commander vacancy because the CNA provided "[a]t the direction of the Superintendent, the Promotional Systems Unit shall post a message . . . to announce the commencement of a promotional process." Further, although the O.I. required a promoted member to "serve at least six months in their promoted assignment," the CNA provided the member "may be required to forgo their six [-]month period" if there was "an emergent circumstance . . . at the discretion of the Superintendent." Any recognized "protectible intere | 1 | 1 |
State v. Rothgreen1 sentence2022As Justice Handler noted in Rodriguez, “[t]he courts’ sentencing responsibility under the New Jersey Code of Criminal Justice has been prescribed with painstaking care by the Legislature and should not be exercised so as to countenance anomalous results.” 97 N.J. at 276 (citing State v. Roth, 95 N.J. 334, 358 (1984)). | 1 | 1 |
State v. RTgreen1 sentence2021The public interest, while important, may not overwhelm defendant's interest in pursuing a legitimate defense in the complex setting of a criminal trial." Id. at 510 (Long, J., concurring) (alteration in original) (quoting State v. Perry, 124 N.J. 128, 162-63 (1991)). | 1 | 1 |
White v. Fauvergreen1 sentence2021"To obtain a protected right," an inmate must have "a legitimate claim of entitlement," not just "a unilateral A-2455-18T3 5 expectation." White v. Fauver, 219 N.J. | 1 | 1 |
Leis v. Flyntgreen1 sentence2019See id. at 577-78 ; see also Leis v. Flynt, 439 U.S. 438, 442 (1979) (holding that "[a] claim of entitlement under state law, to be enforceable, must be derived from statute or legal rule or through a mutually explicit understanding"); Bishop v. Wood, 426 U.S. 341, 344 (1976) (recognizing "the sufficiency of the claim of entitlement must be decided by reference to state law"). | 1 | 1 |
Bishop v. Woodgreen1 sentence2019See id. at 577-78 ; see also Leis v. Flynt, 439 U.S. 438, 442 (1979) (holding that "[a] claim of entitlement under state law, to be enforceable, must be derived from statute or legal rule or through a mutually explicit understanding"); Bishop v. Wood, 426 U.S. 341, 344 (1976) (recognizing "the sufficiency of the claim of entitlement must be decided by reference to state law"). | 1 | 1 |
Quinlan v. Curtiss-Wright Corp.green2 sentences2013See Quinlan, supra, 204 N.J. at 268 (noting that an employer cannot insulate itself from a legitimate claim of discrimination by accusing the employee of theft of documents). 2013See Quinlan, supra, 204 N.J. at 268 (noting that an employer cannot insulate itself from a legitimate claim of discrimination by accusing the employee of theft of documents). | 1 | 1 |
Lavin v. Hackensack Bd. of Ed.green1 sentence2012See Lavin v. Bd. of Educ., 90 N.J. 145, 151 , 447 A..2d 516 (1982) (defining laches as “an equitable defense that may be interposed in the absence of the statute of limitations.” (emphasis added)). | 1 | 1 |
Civic Southern Factors Corp. v. Bonatgreen2 sentences2011See, e.g., Civic S. Factors Corp. *568 v. Bonat, 65 N.J. 329, 333 , 322 A.2d 436 (1974) (stating that primary purpose of forum non conveniens is to prevent injustice to defendant). 2011See, e.g., Civic S. Factors Corp. *568 v. Bonat, 65 N.J. 329, 333 , 322 A.2d 436 (1974) (stating that primary purpose of forum non conveniens is to prevent injustice to defendant). | 1 | 1 |
Kinsella v. Kinsellagreen2 sentences2007See Kinsella v. Kinsella, 150 N.J. 276 , *284 301-02, 696 A.2d 556 (1997); Payton v. N.J. 2007See Kinsella v. Kinsella, 150 N.J. 276 , *284 301-02, 696 A.2d 556 (1997); Payton v. N.J. | 1 | 1 |
Ruckelshaus v. Monsanto Co.green2 sentences2007See Ruckelshaus v. Monsanto Co., 467 U.S. 986, 1003 , 104 S.Ct. 2862, 2873 , 81 L.Ed.2d 815, 832 (1984). 2007See Ruckelshaus v. Monsanto Co., 467 U.S. 986, 1003 , 104 S.Ct. 2862, 2873 , 81 L.Ed.2d 815, 832 (1984). | 1 | 1 |
State v. Elkwisnigreen1 sentence2006Op. of majority at 373-74, 894 A. 2d at 1193-94. | 1 | 1 |
| Cyrus v. Nerogreen | 1 | 1 |
| Collins v. Willcox Inc.green | 1 | 1 |
| Strnad v. North River Ins. Co.green | 1 | 1 |
| Greenberg v. Kimmelmangreen | 1 | 1 |
| Battaglia v. Union County Welfare Boardgreen | 1 | 1 |
| Capua v. City of Plainfieldgreen | 1 | 1 |
| Greenholtz v. Inmates of the Nebraska Penal & Correctional Complexgreen | 1 | 1 |
| State v. Johnsongreen | 1 | 1 |
| DIAL PRESS, INC. v. Phillipsgreen | 1 | 1 |
| Bingenheimer v. Bingenheimergreen | 1 | 1 |
| Schuncke v. Pennsylvania Threshermen & Farmers' Mutual Casualty Insurancegreen | 1 | 1 |
| Jardine Estates, Inc. v. Donna Brook Corp.green | 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 |
|---|---|---|
State v. Rodriguez
green
2 sentences2022As Justice Handler noted in Rodriguez, “[t]he courts’ sentencing responsibility under the New Jersey Code of Criminal Justice has been prescribed with painstaking care by the Legislature and should not be exercised so as to countenance anomalous results.” 97 N.J. at 276 (citing State v. Roth, 95 N.J. 334, 358 (1984)). 1986But as Rodriquez also observed, after a merger of interdependent offenses for which the original sentences were imposed, the sentence following merger should not “be fortuitous and wholly unrelated to the legitimate factors that courts are adjured to follow in dispensing appropriate criminal punishment.” Id. at 276 . | 2 | 1986–2022 |
Tuch v. College of Medicine & Dentistry
green
2 sentences1985See DeTore v. Local 245, Jersey City Public Employees Union, 615 F. 2d 980 (3d Cir.1980); Mozier v. Board of Education of Cherry Hill, 450 F. Supp. 742 (D.N.J. 1977) (the courts followed Roth finding no cognizable property or liberty interest absent any contractual, statutory or implied right to continued employment.) Nicoletta v. North District Water Supply Commission, 77 N.J. 145 (1978), is distinguishable as it predates the amendment to N.J.A.C. 4:1-8.14(b)(6). [3] Since the amendment to the Administrative Code of October 4, 1978, Tuch v. College of Medicine and Dentistry, 177 N.J. 1985See DeTore v. Local 245, Jersey City Public Employees Union, 615 F.2d 980 (3d Cir.1980); Mozier v. Board of Education of Cherry Hill, 450 F.Supp. 742 (D.N.J.1977) (the courts followed Roth finding no cognizable property or liberty interest absent any contractual, statutory or implied right to continued employment.) Nicoletta v. North District Water Supply Commission, 77 N.J. 145 (1978), is distinguishable as it predates the amendment to N.J.A.C. 4:l-8.14(b)(6). 3 Since the amendment to the Administrative Code of October 4, 1978, Tuch v. College of Medicine and Dentistry, 177 N.J.Super. 101 (Ap | 2 | 1985–1985 |
Mozier v. BD. OF ED. OF TP. OF CHERRY HILL, ETC.
green
2 sentences1985See DeTore v. Local 245, Jersey City Public Employees Union, 615 F. 2d 980 (3d Cir.1980); Mozier v. Board of Education of Cherry Hill, 450 F. Supp. 742 (D.N.J. 1977) (the courts followed Roth finding no cognizable property or liberty interest absent any contractual, statutory or implied right to continued employment.) Nicoletta v. North District Water Supply Commission, 77 N.J. 145 (1978), is distinguishable as it predates the amendment to N.J.A.C. 4:1-8.14(b)(6). [3] Since the amendment to the Administrative Code of October 4, 1978, Tuch v. College of Medicine and Dentistry, 177 N.J. 1985See DeTore v. Local 245, Jersey City Public Employees Union, 615 F.2d 980 (3d Cir.1980); Mozier v. Board of Education of Cherry Hill, 450 F.Supp. 742 (D.N.J.1977) (the courts followed Roth finding no cognizable property or liberty interest absent any contractual, statutory or implied right to continued employment.) Nicoletta v. North District Water Supply Commission, 77 N.J. 145 (1978), is distinguishable as it predates the amendment to N.J.A.C. 4:l-8.14(b)(6). 3 Since the amendment to the Administrative Code of October 4, 1978, Tuch v. College of Medicine and Dentistry, 177 N.J.Super. 101 (Ap | 2 | 1985–1985 |
Nicoletta v. North Jersey District Water Supply Commission
green
2 sentences1985See DeTore v. Local 245, Jersey City Public Employees Union, 615 F. 2d 980 (3d Cir.1980); Mozier v. Board of Education of Cherry Hill, 450 F. Supp. 742 (D.N.J. 1977) (the courts followed Roth finding no cognizable property or liberty interest absent any contractual, statutory or implied right to continued employment.) Nicoletta v. North District Water Supply Commission, 77 N.J. 145 (1978), is distinguishable as it predates the amendment to N.J.A.C. 4:1-8.14(b)(6). [3] Since the amendment to the Administrative Code of October 4, 1978, Tuch v. College of Medicine and Dentistry, 177 N.J. 1985See DeTore v. Local 245, Jersey City Public Employees Union, 615 F.2d 980 (3d Cir.1980); Mozier v. Board of Education of Cherry Hill, 450 F.Supp. 742 (D.N.J.1977) (the courts followed Roth finding no cognizable property or liberty interest absent any contractual, statutory or implied right to continued employment.) Nicoletta v. North District Water Supply Commission, 77 N.J. 145 (1978), is distinguishable as it predates the amendment to N.J.A.C. 4:l-8.14(b)(6). 3 Since the amendment to the Administrative Code of October 4, 1978, Tuch v. College of Medicine and Dentistry, 177 N.J.Super. 101 (Ap | 2 | 1985–1985 |
Fidelity Mutual Life Insurance v. Wilkes Barre & Hazelton Railroad
green
2 sentences1983Co., 98 N.J.L. 507 ( E. & A. 1923). 1952Co., 98 N.J.L. 507 ( E. & A. 1922). | 2 | 1952–1983 |
State v. Lixandra Hernandez and Jose Sanchez(075444)
green
2 sentences2026Our Court has noted "[t]he disclosures required by Rule 3:13-3(b)(1), which include the release of exculpatory information or material and all other information relevant to a legitimate defense, are more expansive than the due process disclosures mandated by Brady and its progeny." Hernandez, 225 N.J. at 466 n.5. "[T]he Rule has been described as establishing an 'open file' A-1932-24 23 discovery system whereby virtually all records and information in the prosecutor's possession must be disclosed, subject to the prosecutor's authority to apply for a protective order." State v. Allen, 482 N.J. 2026Super. 142 , 151 n.2 (App. Div. 2025) (citing Hernandez, 225 N.J. at 453 ). | 1 | 2026–2026 |
O'Bannon v. Town Court Nursing Center
green
1 sentence2025Relying on O’Bannon v. Town Court Nursing Center, 447 U.S. 773 (1980), Urban Renewal asserts that “[a] party does not have a legitimate claim of entitlement to a benefit conferred by the government, and thus does not have a Constitutionally protected property interest in retaining that benefit, where the government can revoke the benefit based on the conduct of a third-party over whom the party asserting the due process claim has no control.” We need not decide whether to apply O’Bannon in this context because we ultimately hold that Clarios has otherwise failed to prove a protected property i | 1 | 2025–2025 |
Keddie v. Rutgers, State University
green
1 sentence2022She found plaintiff failed to meet Keddie's requirement that the requestor "'establish that the balance of its A-1819-20 13 interest in disclosure against the public interest in maintaining confidentiality weighs in favor of disclosure.'" 148 N.J. at 50 . | 1 | 2022–2022 |
Nunan v. DEPT. OF PERSONNEL
green
1 sentence2019He did not, and does not, have a legitimate claim of entitlement to the position . . . ." Id. at 497-98 . | 1 | 2019–2019 |
Brady v. Maryland
green
2 sentences2016Romano v. Kimmelman, 96 NfJ. 66, 82-84, 474 A.2d 1 (1984). 4 The arguments before the Law Division concerning the admissibility of the Breathalyzer results are not germane to this appeal. 5 We will not discuss issues raised before the Appellate Division that are not pertinent to this appeal. 6 The State did not present this argument in its Appellate Division brief on which it relied in opposing defendant’s petition for certification. 7 We note that the disclosure requirements of Rule 7:7 — 7(b)(1)—(11), which mandate the release of all evidence or information relevant to a legitimate defense, 2016Romano v. Kimmelman, 96 NfJ. 66, 82-84, 474 A.2d 1 (1984). 4 The arguments before the Law Division concerning the admissibility of the Breathalyzer results are not germane to this appeal. 5 We will not discuss issues raised before the Appellate Division that are not pertinent to this appeal. 6 The State did not present this argument in its Appellate Division brief on which it relied in opposing defendant’s petition for certification. 7 We note that the disclosure requirements of Rule 7:7 — 7(b)(1)—(11), which mandate the release of all evidence or information relevant to a legitimate defense, | 1 | 2016–2016 |
Romano v. Kimmelman
green
1 sentence2016Romano v. Kimmelman, 96 NfJ. 66, 82-84, 474 A.2d 1 (1984). 4 The arguments before the Law Division concerning the admissibility of the Breathalyzer results are not germane to this appeal. 5 We will not discuss issues raised before the Appellate Division that are not pertinent to this appeal. 6 The State did not present this argument in its Appellate Division brief on which it relied in opposing defendant’s petition for certification. 7 We note that the disclosure requirements of Rule 7:7 — 7(b)(1)—(11), which mandate the release of all evidence or information relevant to a legitimate defense, | 1 | 2016–2016 |
Larrison v. Larrison
green
2 sentences2007Larrison, supra, 392 N.J.Super. at 18 , 919 A. 2d 852 . 2007Larrison, supra, 392 N.J.Super. at 18 , 919 A. 2d 852 . | 1 | 2007–2007 |
Brill v. Guardian Life Insurance Co. of America
green
1 sentence2006Id. at 541-2, 666 A.2d 146 . | 1 | 2006–2006 |
| Solesbee v. Balkcom green | 1 | 2004–2004 |
Ford v. Wainwright
green
1 sentence2004Indeed, a particularly acute need for guarding against error inheres in a determination that "in the present state of the mental *444 sciences is at best a hazardous guess however conscientious." [ Id. at 411-12 , 106 S.Ct. at 2602-03, 91 L.Ed. 2d at 347-48 (quoting Solesbee v. Balkcom, 339 U.S. 9, 23 , 70 S.Ct. 457, 464 , 94 L.Ed. 604 , 612 (1950) (Frankfurter, J., dissenting)).] The Constitution renders an execution contingent on a defendant not being mentally retarded, and for that reason, there is a "particularly acute need for guarding against error" in assessing a legitimate claim of ret | 1 | 2004–2004 |
| Hubbard v. United Press International, Inc. green | 1 | 1999–1999 |
| McKeown-Brand v. Trump Castle Hotel & Casino green | 1 | 1995–1995 |
| Gerald v. Universal Agency, Inc. neutral | 1 | 1994–1994 |
| State v. Choice green | 1 | 1991–1991 |
| In Re Crowley green | 1 | 1990–1990 |
| Davis v. United Air Lines, Inc. green | 1 | 1989–1989 |
| Battaglia v. Union County Welfare Board green | 1 | 1989–1989 |
| Northern States Power Co. v. United States green | 1 | 1989–1989 |
| Grexa v. State green | 1 | 1985–1985 |
| Chrysler Corporation v. Fedders Corporation, Salvatore Giordano, Sr., Salvatore Giordano, Jr., Bruno Giordano, Ignatius MacBrinn and Howard S. Modlin green | 1 | 1982–1982 |
| Gutzwiller v. Gutzwiller neutral | 1 | 1979–1979 |
| Gutzwiller v. Gutzwiller neutral | 1 | 1979–1979 |
| City of Newark v. Yeskel green | 1 | 1977–1977 |
| Department of the Air Force v. Rose green | 1 | 1977–1977 |
| Michael T. Rose v. Department of the Air Force green | 1 | 1977–1977 |
| Consolidated Police & Firemen's Pension Fund Commission v. City of Passaic green | 1 | 1960–1960 |
| Schenck v. United States green | 1 | 1941–1941 |
| Cochran v. City of Boston green | 1 | 1923–1923 |
| MacRackan v. . Bank green | 1 | 1923–1923 |
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.
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.