Search Rutgers Law Library N.J. Court Opinions

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

... 2A:58C-8, and therefore entitled to seller's immunity, N.J.S.A. 2A:58C-9. The motion judge, applying the "governmental interests" test, concluded that ... 8, and therefore not entitled to seller's immunity under N.J.S.A. 2A:58C-9. Defendant disagrees, and cross-appeals, arguing that plaintiff's complaint ... 360 N.J. Super. 472 , 483 (App. Div. 2003). Thus, N.J.S.A. 2A:58C-9 provides: a. In any product liability action against a product ... statute, and thus is eligible for exemption from liability under N.J.S.A 2A:58C-9, or is instead a "manufacturer" not cloaked with statutory immunity ... a product, may also engage in certain other incidental activities. N.J.S.A. 2A:58C-9 (emphasis added). The plain meaning of the underscored language is ...

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

2 DAVID CLAYPOTCH et al. v. HELLER, INC., -- rank: 952

... in the product which caused the injury, death or damage. . . .         [ N.J.S.A. 2A:58C-9.]     There is no reported decision by a New Jersey court interpreting N.J.S.A. 2A:58C-9. Moreover, although a number of other states have enacted statutes ... of any state with a statute containing language comparable to N.J.S.A. 2A:58C-9. See footnote 5 5 Therefore, any decisions interpreting the statutes ... states would not be directly relevant to the interpretation of N.J.S.A. 2A:58C-9.     There is no need to undertake a comprehensive review of the various subsections of N.J.S.A. 2A:58C-9 in order to decide this appeal. However, it is appropriate ... FICEP as the punch press manufacturer.     Although the purpose of N.J.S.A. 2A:58C-9, in the words of the sponsor, was "to reduce ...

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

3 CENTRAL IRRIGATION SUPPLY, INC v. POLYSTAR PRODUCTS, INC -- rank: 797

... it would be entitled to seller's immunity provided in N.J.S.A. 2A:58C-9. The judge, however, granted American's motion for summary judgment ... reliance on N.J.S.A. 2A:58C-8 and N.J.S.A. 2A:58C-9 wholly misplaced. The facts, viewed in the light most favorable ...

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status:	unpublished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

4 RONALD P. BECKER v. GEORGE J. TESSITORE, -- rank: 787

... avoid liability simply by identifying the responsible manufacturer pursuant to N.J.S.A. 2A:58C-9. As the component part manufacturer would have to know 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

5 STEVEN P. PICCIANO v. COSTCO WHOLESALE CORPORATION -- rank: 753

... line of commerce. [N.J.S.A. 2A:58C-8.] N.J.S.A. 2A:58C-9(a) provides that '[i]n any product liability action against ... the provisions set forth in subsection d. of this section.' N.J.S.A. 2A:58C-9(b). A product seller is immune from liability where it ... should have known about the defect, or created the defect. N.J.S.A. 2A:58C-9(d). The Costco defendants have no seller liability because the ... the manufacturer's facility. Therefore, none of the exceptions under N.J.S.A. 2A:58C-9(d) were met. Affirmed. A-3071-17T2 14 This archive ...

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

6 MOISES HINOJO v. NEW JERSEY MANUFACTURERS INSURANCE COMPANY, -- rank: 688

... PLA, it is arguable that the definition of "manufacturer" in N.J.S.A. 2A:58C-9 are satisfied. In any event, the broad definition of "manufacturer ...

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

7 MICHAEL KORUBA v. AMERICAN HONDA MOTOR CO., INC. -- rank: 619

... seller, such as Cycle World, could only be liable under N.J.S.A. 2A:58C-9 if it exercised control over the packaging or labeling of ...

docket:	a5953-05
court:	njappellate
decided:	2007-11-19
status:	published
citation:	396 N.J.Super. 517
Document Size:	63559

8 TYLER STEIN v. SAM\'S EAST, INC. -- rank: 606

... if the chair were determined to have been defective. See N.J.S.A. 2A:58C-9. 3 Later, counsel for Sam's Club retracted the information ... suit and collection of damages in the United States. See N.J.S.A. 2A:58C-9. This archive is a service of Rutgers School of Law ...

docket:	a1471-09
court:	superior court appellate division
decided:	2010-12-13
status:	unpublished
citation:
Document Size:	32545

9 JACK SUSER v. DELAVAN INDUSTRIES, INC. -- rank: 568

... for the dismissal of those defendants on summary judgment. See N.J.S.A. 2A:58C-9 (providing a complete defense to certain product sellers who had ...

docket:	a3996-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-25
status:	unpublished
citation:
Document Size:	34126

10 MARTIN NEIL v. SHINGLE CARE, LLC -- rank: 496

... forwarded an affidavit to Neil's attorney, supposedly pursuant to N.J.S.A. 2A:58C-9, which explained Spotts's involvement in the purchase and resale ... floor." The court also determined that "this arguably falls under [ N.J.S.A. ] 2A:58C-[9](d)(2) if the seller was in possession of facts ...

docket:	a1214-12
court:	NJ Superior Court Appellate Division
decided:	2013-06-14
status:	unpublished
citation:
Document Size:	18805

11 FRANK G. RUBURY v. FORD MOTOR COMPANY -- rank: 431

... trial court dismissed the complaint against the dealership pursuant to N.J.S.A. 2A:58C-9. A-2839-17T2 6 dismissed Rubury's first complaint and ...

docket:	a2839-17
court:	NJ Superior Court Appellate Division
decided:	2019-03-06
status:	Unpublished
citation:
Document Size:	20373