advice of counsel defense (New Jersey) · Go Syfert
← New Jersey issues

advice of counsel defense in New Jersey

6 New Jersey opinions name it 2 courts 1958–2026 3 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 (5)

CaseFollowedCited
LoBiondo v. Schwartzgreen
nj · 2009 · cited in 2 New Jersey opinions naming this issue, 2016–2026
2 sentences

2026To pursue an advice-of-counsel defense, a party must prove he or she received and "relied on counsel's advice and that the advice was given after a full and fair presentation to counsel of all of the relevant facts." LoBiondo v. Schwartz, 199 N.J. 62, 95 (2009).

2016As to Perez's request to name the Nash attorneys as additional parties in the SLAPP-back suit, we stated: "when the advice-of-counsel defense is asserted, the party seeking relief may then pursue a cause of action against the attorney claimed to have been the source of that advice as well." Id. at 18 (quoting LoBiondo v. Schwartz, 199 N.J. 62, 73 (2009)).

22
Too Much Media, LLC v. Halegreen
njsuperctappdiv · 2010 · cited in 1 New Jersey opinions naming this issue, 2026–2026
1 sentence

2026Silva contends "reputational harm clearly confers standing." (Citing Too Much Media, LLC v. Hale, 413 N.J.

11
In re Zisagreen
njsuperctappdiv · 2006 · cited in 1 New Jersey opinions naming this issue, 2023–2023
1 sentence

2023See In re Zisa, 385 N.J.

11
Mayflower Industries v. Thor Corp.green
njsuperctappdiv · 1951 · cited in 1 New Jersey opinions naming this issue, 1958–1958
1 sentence

1958Similarly, in Mayflower Industries v. Thor Corp., 15 N.J.

11
Dombroski v. Metropolitan Life Insurancegreen
nj · 1941 · cited in 1 New Jersey opinions naming this issue, 1958–1958
1 sentence

1958Co., *387 126 N.J.L. 545, 547 ( E. & A. 1941), the court assumed both the existence of the advice of counsel defense and the necessity for a full and complete divulgence of the facts to counsel as a prerequisite to a successful assertion of this defense.

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 (1)

CaseCitedYears
McFadden v. Lane green
nj · 1905
2 sentences

2009See ibid.; cf. MeFadden, supra, 71 N.J.L. at 630 , 60 A. 365 .

2009See ibid.; cf. MeFadden, supra, 71 N.J.L. at 630 , 60 A. 365 .

12009–2009

Where else courts name it

CA 18 (1987–2025) CT 10 (1996–2022) TN 7 (1982–2016) IL 6 (1990–2014) NJ 6 (1958–2026) NY 6 (1995–2025) MA 6 (1991–2012) SD 5 (1965–2011) OH 5 (2001–2021) AZ 4 (1999–2020) MS 4 (1968–2025) PA 4 (2011–2023) NM 3 (2007–2015) IN 3 (1974–1984) KY 3 (2013–2022) UT 3 (2019–2023) TX 3 (2002–2015) KS 3 (1924–2020) MT 3 (2009–2009) MD 3 (1976–2011) MI 3 (1983–2025) FL 3 (1992–2020) VA 2 (1982–2022) AK 2 (1983–2022) NC 2 (2011–2018) AR 2 (2008–2016) MN 2 (2015–2016)

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.

← Caselaw search · G Cite Topics · Brief Check