act unless claim (New Jersey) · Go Syfert
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act unless claim in New Jersey

6 New Jersey opinions name it 1 courts 1978–2024 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 (6)

CaseFollowedCited
Oubre v. Entergy Operations, Inc.green
scotus · 1998 · cited in 1 New Jersey opinions naming this issue, 2024–2024
1 sentence

2024The waiver provision contained in the OWBPA clearly indicates its limited applicability to claims arising only under the ADEA: "An individual may not waive any right or claim under this Act unless the waiver is knowing and voluntary" and meets the listed criteria. 29 U.S.C. § 626 (f)(1); see also A-2935-22 15 Oubre v. Entergy Operations, Inc., 522 U.S. 422, 427 (1998) (stating "[t]he OWBPA sets up its own regime for assessing the effect of ADEA waivers, separate and apart from contract law").

11
D.D. v. University of Medicine & Dentistrygreen
nj · 2013 · cited in 1 New Jersey opinions naming this issue, 2020–2020
1 sentence

2020See also D.D., 213 N.J. at 159 .

11
Smith v. Fireworks by Girone, Inc.green
nj · 2004 · cited in 1 New Jersey opinions naming this issue, 2019–2019
1 sentence

2019Stated differently, "in balancing the liability and immunity provisions of the TCA, 'immunity is the rule and liability is the exception.'" Smith v. Fireworks by Girone, Inc., 180 N.J. 199, 207 (2003) (quoting Posey ex rel.

11
Epstein v. Stategreen
njsuperctappdiv · 1998 · cited in 1 New Jersey opinions naming this issue, 1999–1999
2 sentences

1999N.J.S.A. 59:8-3; see Epstein v. State, 311 N.J.Super. 350, 355 , 709 A. 2d 1353 (App. Div.), certif. denied, 155 N.J. 589 , 715 A. 2d 992 (1998).

1999N.J.S.A. 59:8-3; see Epstein v. State, 311 N.J.Super. 350, 355 , 709 A. 2d 1353 (App. Div.), certif. denied, 155 N.J. 589 , 715 A. 2d 992 (1998).

11
State v. Dossgreen
nj · 1998 · cited in 1 New Jersey opinions naming this issue, 1999–1999
1 sentence

1999N.J.S.A. 59:8-3; see Epstein v. State, 311 N.J.Super. 350, 355 , 709 A. 2d 1353 (App. Div.), certif. denied, 155 N.J. 589 , 715 A. 2d 992 (1998).

11
Vedutis v. Tesigreen
njsuperctappdiv · 1975 · cited in 1 New Jersey opinions naming this issue, 1978–1978
1 sentence

1978The resolution of this motion depends on the interpretation of N.J.S.A. 59:8-3 which provides: No action shall be brought against a public entity under this act unless the claim upon which it is based has been presented in accordance with the procedure set forth in this chapter. [Emphasis supplied] This section makes it clear that a notice of claim is "a precondition and an inherent part of maintaining `an action under the act.'" Vedutis v. Tesi, 135 N.J.

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
Fuller v. Rutgers green
nj · 1978
1 sentence

2003Expanding on these purposes, the New Jersey Supreme Court in Beauchamp v. Amedio, 164 N.J. 111, 121-22 , 751 A. 2d 1047 (2000), explained that the goals of the Act's notice provisions are: (1) `to allow the public entity at least six months for administrative review with the opportunity to settle meritorious claims prior to the bringing of suit'; (2) `to provide the public entity with prompt notification of a claim in order to adequately investigate the facts and prepare a defense[,]' Margolis & Novack, supra, 1972 Task Force Comment to N.J.S.A. 59:8-3; (3) `to afford the public entity a chanc

12003–2003
State v. Saxton green
nj · 1978
1 sentence

2003Expanding on these purposes, the New Jersey Supreme Court in Beauchamp v. Amedio, 164 N.J. 111, 121-22 , 751 A. 2d 1047 (2000), explained that the goals of the Act's notice provisions are: (1) `to allow the public entity at least six months for administrative review with the opportunity to settle meritorious claims prior to the bringing of suit'; (2) `to provide the public entity with prompt notification of a claim in order to adequately investigate the facts and prepare a defense[,]' Margolis & Novack, supra, 1972 Task Force Comment to N.J.S.A. 59:8-3; (3) `to afford the public entity a chanc

12003–2003
Timber Properties, Inc. v. Chester Tp. green
njsuperctappdiv · 1984
1 sentence

2003N.J.S.A. 59:8-3 provides: No action shall be brought against a public entity or public employee under this act unless the claim upon which it is based shall have been presented in accordance with the procedure set forth in this chapter. [2] The purposes underlying the notification requirements of the Act were set forth in the 1972 report of the Attorney General's Task Force on Sovereign Immunity, portions of which are contained in the comments to the statute. [3] The Task Force *686 Comment to N.J.S.A. 59:8-3 states that the purpose "of the claims notification requirement... is two-fold: (a) t

12003–2003
Fuller v. Rutgers, State University green
njsuperctappdiv · 1977
2 sentences

2003Expanding on these purposes, the New Jersey Supreme Court in Beauchamp v. Amedio, 164 N.J. 111, 121-22 , 751 A. 2d 1047 (2000), explained that the goals of the Act's notice provisions are: (1) `to allow the public entity at least six months for administrative review with the opportunity to settle meritorious claims prior to the bringing of suit'; (2) `to provide the public entity with prompt notification of a claim in order to adequately investigate the facts and prepare a defense[,]' Margolis & Novack, supra, 1972 Task Force Comment to N.J.S.A. 59:8-3; (3) `to afford the public entity a chanc

2003Expanding on these purposes, the New Jersey Supreme Court in Beauchamp v. Amedio, 164 N.J. 111, 121-22 , 751 A. 2d 1047 (2000), explained that the goals of the Act's notice provisions are: (1) `to allow the public entity at least six months for administrative review with the opportunity to settle meritorious claims prior to the bringing of suit'; (2) `to provide the public entity with prompt notification of a claim in order to adequately investigate the facts and prepare a defense[,]' Margolis & Novack, supra, 1972 Task Force Comment to N.J.S.A. 59:8-3; (3) `to afford the public entity a chanc

12003–2003
Beauchamp v. Amedio green
nj · 2000
2 sentences

2003Expanding on these purposes, the New Jersey Supreme Court in Beauchamp v. Amedio, 164 N.J. 111, 121-22 , 751 A. 2d 1047 (2000), explained that the goals of the Act's notice provisions are: (1) `to allow the public entity at least six months for administrative review with the opportunity to settle meritorious claims prior to the bringing of suit'; (2) `to provide the public entity with prompt notification of a claim in order to adequately investigate the facts and prepare a defense[,]' Margolis & Novack, supra, 1972 Task Force Comment to N.J.S.A. 59:8-3; (3) `to afford the public entity a chanc

2003Expanding on these purposes, the New Jersey Supreme Court in Beauchamp v. Amedio, 164 N.J. 111, 121-22 , 751 A. 2d 1047 (2000), explained that the goals of the Act's notice provisions are: (1) `to allow the public entity at least six months for administrative review with the opportunity to settle meritorious claims prior to the bringing of suit'; (2) `to provide the public entity with prompt notification of a claim in order to adequately investigate the facts and prepare a defense[,]' Margolis & Novack, supra, 1972 Task Force Comment to N.J.S.A. 59:8-3; (3) `to afford the public entity a chanc

12003–2003
Vedutis v. SO. PLAINFIELD BD. OF ED. green
njsuperctappdiv · 1976
1 sentence

1978Super. 337, 341 (Law Div. 1975), aff'd 142 N.J.

11978–1978

Statutes the citing opinions construe

NJ § N.J. Stat. § 59:8-8 (3) NJ § N.J. Stat. § 59:8-9 (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

NJ 6 (1978–2024) NC 6 (1961–2002) TX 4 (1948–1977)

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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