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6 New Jersey opinions name it 2 courts 1958–2009 0 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 |
|---|---|---|
State v. Washingtongreen2 sentences1993The critical distinction in our analysis was that the statute in question did “not create a new substantive crime, but rather impose[d] a greater penalty for the particular crime for which the defendant [had been] convicted.” Id. at 248, 220 A.2d 185 . 1993The critical distinction in our analysis was that the statute in question did “not create a new substantive crime, but rather impose[d] a greater penalty for the particular crime for which the defendant [had been] convicted.” Id. at 248, 220 A.2d 185 . | 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 |
|---|---|---|
Alloway v. General Marine Industries, L.P.
green
2 sentences2009Implicit in the distinction is the doctrine that a tort duty of care protects against the risk of accidental harm and a contractual duty preserves the satisfaction of consensual obligations. [ Id. at 627-28 , 695 A. 2d 264 (citations omitted).] Further addressing the policy reasons for the distinction, the Court considered that: Relevant to the distinction are "the relative bargaining power of the parties and the allocation of the loss to the better risk-bearer in a modern marketing system." Perfect parity is not required for a finding of substantially equal bargaining power. 2009Implicit in the distinction is the doctrine that a tort duty of care protects against the risk of accidental harm and a contractual duty preserves the satisfaction of consensual obligations. [ Id. at 627-28 , 695 A. 2d 264 (citations omitted).] Further addressing the policy reasons for the distinction, the Court considered that: Relevant to the distinction are "the relative bargaining power of the parties and the allocation of the loss to the better risk-bearer in a modern marketing system." Perfect parity is not required for a finding of substantially equal bargaining power. | 1 | 2009–2009 |
Gennari v. Weichert Co. Realtors
green
2 sentences2000A defendant who violates the Act because of an unlawful "method, act, or practice" that results from an omission of a material fact with the "intent that others rely upon such concealment, suppression or omission," N.J.S.A. 56:8-2, is "liable for [such] misrepresentations whether `any person has in fact been misled, deceived or damaged thereby.' " Gennari, supra, 148 N.J. at 607-608 , 691 A. 2d 350 (quoting N.J.S.A. 56:8-2). 2000A defendant who violates the Act because of an unlawful "method, act, or practice" that results from an omission of a material fact with the "intent that others rely upon such concealment, suppression or omission," N.J.S.A. 56:8-2, is "liable for [such] misrepresentations whether `any person has in fact been misled, deceived or damaged thereby.' " Gennari, supra, 148 N.J. at 607-608 , 691 A. 2d 350 (quoting N.J.S.A. 56:8-2). | 1 | 2000–2000 |
Spring Motors Distributors, Inc. v. Ford Motor Co.
green
2 sentences1997Casa Clara, supra, 620 So.2d at 1246-47 ; Spring Motors, supra, 98 N.J. at 579 , 489 A.2d 660 . 1997Casa Clara, supra, 620 So.2d at 1246-47 ; Spring Motors, supra, 98 N.J. at 579 , 489 A.2d 660 . | 1 | 1997–1997 |
Casa Clara Condo. Ass'n v. Charley Toppino and Sons, Inc.
red
2 sentences1997Casa Clara, supra, 620 So. 2d at 1246-47 ; Spring Motors, supra, 98 N.J. at 579 , 489 A. 2d 660 . 1997Casa Clara, supra, 620 So.2d at 1246-47 ; Spring Motors, supra, 98 N.J. at 579 , 489 A.2d 660 . | 1 | 1997–1997 |
State v. DR
green
2 sentences1991In any event, the comments on credibility need not be addressed or found as a basis for reversing this conviction before the admissibility of the affirmative CSAAS evidence is determined. [6] I would not reverse merely because of any violation of State v. D.R., 109 N.J. 348 , 537 A. 2d 667 (1988), because the testimony challenged thereunder would now be admissible. 1991In any event, the comments on credibility need not be addressed or found as a basis for reversing this conviction before the admissibility of the affirmative CSAAS evidence is determined. [6] I would not reverse merely because of any violation of State v. D.R., 109 N.J. 348 , 537 A. 2d 667 (1988), because the testimony challenged thereunder would now be admissible. | 1 | 1991–1991 |
Ametrano v. . Downs
green
2 sentences1958While there is no authority on the point in this state (there is said to be none in the country), the question presented is not without analogy in the rule which determines in the cases of intestacy the character of the proceeds of sales by operation of law, whether they are to be considered as real or personal property." Ametrano v. Downs, 170 N.Y. 388 , 63 N.E. 340 , 58 L.R.A. 719 ( Ct. App. 1902). 1958While there is no authority on the point in this state (there is said to be none in the country), the question presented is not without analogy in the rule which determines in the cases of intestacy the character of the proceeds of sales by operation of law, whether they are to be considered as real or personal property." Ametrano v. Downs, 170 N.Y. 388 , 63 N.E. 340 , 58 L.R.A. 719 ( Ct. App. 1902). | 1 | 1958–1958 |
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.