Search Rutgers Law Library N.J. Court Opinions

1 ROGER SMITH et al. v. ALZA CORPORATION -- rank: 1000

... is time-barred and, alternatively, that defendant was a "seller," N.J.S.A. 2A:58C-8, and therefore entitled to seller's immunity, N.J.S ... the alleged defect, which would prevent them from utilizing the [ N.J.S.A. 2A:58C-8, and therefore not entitled to seller's immunity under N ... of great import because "[i]n 1995, the Legislature enacted N.J.S.A. 2A:58C-8 to -9 ( L. 1995, c. 141), which allows a seller ... manufacturer has a controlling interest in the domestic sales subsidiary. [ N.J.S.A. 2A:58C-8 (emphasis added).] A "product seller," on the other hand, is ... While these activities are integrally connected to the manufacturing process, N.J.S.A. 2A:58C-8, and represent the penultimate step in creating a finished product ...

docket:	a4277-06
court:	njappellate
decided:	2008-06-09
status:	published
citation:	400 N.J.Super. 529
Document Size:	112539

2 RONALD P. BECKER v. GEORGE J. TESSITORE, -- rank: 929

... consider his claim of products liability. He contends that under N.J.S.A. 2A:58C-8 Roadway is strictly liable as both a manufacturer and a ... neither a manufacturer nor a seller of the retread tire.      N.J.S.A. 2A:58C-8 defines "product seller" as:         any person who, in the course ... App. Div. 1968), aff'd , 53 N.J. 259 (1969).      N.J.S.A. 2A:58C-8 might appear to be at odds with Zaza v. Marquess ... the component was not itself defective or dangerous. Ibid.     Under N.J.S.A. 2A:58C-8, a component part manufacturer can be deemed a product seller ... following, the net result is the same as in Zaza . N.J.S.A. 2A:58C-8 and -9 simply allows a component part manufacturer to avoid ... with fewer legal entanglements.     Because the definitions set forth in N.J.S.A. 2A:58C-8 are generally consistent with prior case law and the ...

docket:	A3963-00
court:	NJ Superior Court Appellate Division
decided:	2002-12-19
status:	published
citation:	356 N.J. Super. 233 812 A.2d 369
Document Size:	54228

3 CENTRAL IRRIGATION SUPPLY, INC v. POLYSTAR PRODUCTS, INC -- rank: 922

... a broker, not a "product seller" within the meaning of N.J.S.A. 2A:58C-8, because of evidence tending to support a determination that American ... claim of a product seller's immunity under the PLA, N.J.S.A. 2A:58C-8 to -9, Central's PLA liability to customers of the ... is entitled to statutory immunity available to a "product seller." N.J.S.A. 2A:58C-8 to -9. We address the argument in the interest of ... persuasive. To the contrary, we find American's reliance on N.J.S.A. 2A:58C-8 and N.J.S.A. 2A:58C-9 wholly misplaced ...

docket:	a1596-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-18
status:	unpublished
citation:
Document Size:	48176

4 Dean v. Barrett Homes, Inc -- rank: 835

... estate from its definition of a “product seller,” N.J.S.A. 2A:58C-8 (providing that “product seller” does not include a seller ...

docket:	a-15-09
court:	New Jersey Supreme Court
decided:	2010-11-15
status:
citation:
Document Size:	110783

5 JOSE AGURTO et al. v. VALER GUHR -- rank: 831

... he was a product seller as defined in the Act. N.J.S.A. 2A:58C-8. We conclude that the trial judge erroneously viewed the evidence ... whether plaintiff was a product seller within the meaning of N.J.S.A. 2A:58C-8. Plaintiff's right to a jury trial on the underlying ... involved in placing a product in the line of commerce . [ N.J.S.A. 2A:58C-8 (emphasis added).] As we recognized in Becker v. Tessitore , 356 ... part of the "purpose" of the seller's business under N.J.S.A. 2A:58C-8. For example, in Santiago v. E.W. Bliss Div. , supra ... was not "conducted for the purpose" of selling used equipment. N.J.S.A. 2A:58C-8. Rather he seeks to bring his activity within the exceptions ... common law, are equally applicable to the Product Liability Act, N.J.S.A. 2A:58C-8, where there is a threshold issue as to whether ...

docket:	A0967-04
court:	NJ Superior Court Appellate Division
decided:	2005-12-09
status:	published
citation:	381 N.J. Super. 519 887 A.2d 159
Document Size:	62579

6 Michael DePalma, et al. v. Building Inspection Underwriters, et al. -- rank: 828

... limit joint and several liability); L. 1995, c. 141 (amending N.J.S.A. 2A:58C-8 and -9 to limit strict liability of a product seller ...

docket:	a7022-98
court:	njappellate
decided:	2002-04-15
status:	published
citation:	350 N.J. Super. 195 794 A.2d 848
Document Size:	72668

7 RUDOLPH LAIDLOW et al. v. HARITON MACHINERY CO., INC., et al. -- rank: 792

... in this case, the Legislature amended the Products Liability Act, N.J.S.A. 2A:58C-8 to -11. While the amendments only apply to causes of ... involved in placing a product in the line of commerce.         [ N.J.S.A. 2A:58C-8] The operative provision of the amendment would relieve Hariton of ...

docket:	a5991-98
court:	njappellate
decided:	2000-12-06
status:	published
citation:	335 N.J.Super. 330
Document Size:	50114

8 DAVID CLAYPOTCH et al. v. HELLER, INC., -- rank: 792

... See footnote 3 3 II     In 1995, the Legislature enacted N.J.S.A. 2A:58C-8 to -9 ( L. 1995, c. 141), which allows a seller ...

docket:	A0022-01
court:	NJ Superior Court Appellate Division
decided:	2003-05-30
status:	published
citation:	360 N.J. Super. 472 823 A.2d 844
Document Size:	34647

9 HOWARD WEISS v. THE JEWISH FEDERATION OF SOUTHERN NEW JERSEY, INC. -- rank: 789

... involved in placing a product in the line of commerce. N.J.S.A. 2A:58C-8.1 Generally, however, when a manufacturer is liable under the ... the design, manufacture, packaging or labeling of the product. 1 N.J.S.A. 2A:58C-8 defines 'product seller' as 'any person, who in the course ...

docket:	a0741-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-17
status:	unpublished
citation:
Document Size:	38841

10 MARCOS GALINDO v. PIONEER FOOD EQUIPMENT -- rank: 761

... was a "product seller" as that term is defined in N.J.S.A. 2A:58C-8. The judge further found that Pioneer was exempt from liability under N.J.S.A. 2A:58C-8, a section of the Products Liability Act, because Pioneer sold ... actions for harm caused by breach of an express warranty." N.J.S.A. 2A:58C-8 to mean: any person who, in the course of a ... to plaintiff's contentions, the definition of "product seller" in N.J.S.A. 2A:58C-8 does not require that the "product seller" sell a product ... out in his decision from the bench, the definitions in N.J.S.A. 2A:58C-8 are each separated by semi-colons, which indicates that each ... judge correctly found that Pioneer was a "product seller" under N.J.S.A. 2A:58C-8. We also are convinced that the judge correctly found ...

docket:	A2561-04
court:	NJ Superior Court Appellate Division
decided:	2005-10-27
status:	unpublished
citation:
Document Size:	40639

11 MOISES HINOJO v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, -- rank: 736

... subject it to liability under the Products Liability Act (PLA), N.J.S.A. 2A:58C-8. The PLA imposes liability upon "[a] manufacturer . . . of a product ... not even mention the definition of "manufacturer" now contained in N.J.S.A. 2A:58C-8. Moreover, the essential rationale of Potwora was not that the ... the punch press operated by plaintiff within the intent of N.J.S.A. 2A:58C-8.     NJM's alternative argument that the advice it gave Durex ... satisfied. In any event, the broad definition of "manufacturer" in N.J.S.A. 2A:58C-8 to include "any person who designs [or] formulates" any product ...

docket:	A0564-00
court:	NJ Superior Court Appellate Division
decided:	2002-07-12
status:	published
citation:	353 N.J. Super. 261 802 A.2d 551
Document Size:	44301

12 Kamie S. Kendall v. Hoffman-LaRoche, Inc. -- rank: 701

... standards and procedures for the award of punitive damages.” N.J.S.A. 2A:58C-8 to -11, and N.J.S.A. 2A:15-5 ...

docket:	A-73-10
court:	NJ Supreme Court
decided:	2012-02-27
status:
citation:	209 N.J. 173 36 A.3d 541
Document Size:	65788

13 STEVEN P. PICCIANO v. COSTCO WHOLESALE CORPORATION -- rank: 701

... involved in placing a product in the line of commerce. [N.J.S.A. 2A:58C-8.] N.J.S.A. 2A:58C-9(a) provides that ...

docket:	a3071-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-25
status:	Unpublished
citation:
Document Size:	24759

14 Cornblatt v. Barow -- rank: 677

... Joint And-Several Liability Bill, L. 1995, c. 140 (amending N.J.S.A. 2A:58C-8 to -9); the Punitive Damages Act, L. 1995, c. 142 ...

docket:	a-111-97
court:	njsupreme
decided:	1998-03-19
status:
citation:	153 N.J. 218
Document Size:	77802

15 ELBERT HUGHES v. A.W. CHESTERTON CO. ELBERT HUGHES v. A.W. CHESTERTON CO. -- rank: 659

... statutory definitions for parties who may be held liable. See N.J.S.A. 2A:58C-8. 9 To satisfy the standard, "[e]xpert proof would usually ...

docket:	a0778-11 a0778-11
court:	NJ Superior Court Appellate Division NJ Superior Court Appellate Division
decided:	2014-04-23 2014-04-23
status:	published published
citation:
Document Size:	62996