Brookins v. Murray’s Empirical Analysis

Citation profile

2 district · 22 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The notice requirement that is a condition precedent affects the right of a party to obtain administrative relief. It differs from a general statute of limitations, which is a restriction on the time within which a party must institute judicial proceedings after the accrual of a cause of action. The statutory notice requirement, however, “goes to the validity of the claim itself: absent the required notice, the injured party has no right under the statute to receive compensation.” United States v. Studivant, 529 F.2d 673, 675 (3rd Cir.1976) (construing UCJF statute and holding that United States was precluded from recovering against Fund because statutory notice requirement was condition precedent rather than state statute of limitations and was binding on the United States). [ 131 N.J. at 152 , 619 A.2d 583 .]”

   1 later decision quote this exact passage · from the majority
   e.g. Mena v. Unsatisfied Claim & Judgment Fund

2. “The time requirements for the notice of eiaim are designed to encourage “timely inquiry and thus to safeguard the fund against fraud and imposition.” Giacobbe v. Gassert, 29 N.J. 421, 425 [ 149 A.2d 214 ] (1959). Timely inquiry promotes the verifiability of claims. See Marian Joyce, Tolling the Substantive Statutes of Limitation — White v. Violent Crimes Compensation Board, 32 Rutgers L.Rev. 95, 106 (1979). The time requirements also ensure efficient administration of the Fund and protect the Fund’s limited resources. See Giacobbe, supra, 29 N.J. at 426 [ 149 A.2d 214 .] [Brookins, supra, 131 N.J. at 146 , 619 A.2d 583 .]”

   1 later decision quote this exact passage · from the majority
   e.g. Mena v. Unsatisfied Claim & Judgment Fund

3. “The discovery rule as an equitable doctrine has not been applied to all so-called `statutes of limitations.' The tendency in New Jersey has been to reject the discovery rule for statutes of limitations that run from a fixed, specified event.”

   1 later decision quote this exact passage · from the majority
   e.g. Rac v. Pjs, Jr.