238 N.J. Super. 490 - Marxe v. Marxe’s Empirical Analysis
1989
Citation profile
2 district · 4 state decisions
Relationships
Applies 28 U.S.C. § 455
Relies on Dewey v. R.J. Reynolds Tobacco Co. · Wolfson v. Palmieri · Higgins v. Advisory Committee on Professional Ethics of the Supreme Court · In Re Opinion No. 415, New Jersey Supreme Court Advisory Committee on Professional Ethics · United States v. Trigg
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The judge of any court shall be disqualified on the court’s own motion and shall not sit in any matter, if the judge (a) is by blood or marriage the second cousin of or is more closely related to any party to the action; (b) is by blood or marriage the first cousin of or is more closely related to any attorney in the action. This proscription shall extend to the partners, employers, employees or office associates of any such attorney except where the Chief Justice for good cause otherwise permits; (c) has been attorney of record or counsel in the action; or (d) has given an opinion upon a matter in question in the action; or (e) is interested in the event of the action; or (f) when there is any other reason which might preclude a fair and unbiased hearing and judgment, or which might reasonably lead counsel or the parties to believe so.”
1 later decision quote this exact passage“An appearance of impropriety may arise from a lawyer representing a private client in connection with a matter that relates to the lawyer’s former employment as a public officer or employee even if the lawyer did not personally and substantially participate in it, have actual knowledge of it, or substantial responsibility for it. In such an event the lawyer may not represent a private client, but a firm with which that lawyer is associated may undertake or continue representation if: (1) the disqualified lawyer is screened from any participation in the matter and is apportioned no part of the fee therefrom, (2) written notice is promptly given to the appropriate government agency to enable it to ascertain compliance with the provisions of this rule. (Emphasis added.)”
1 later decision quote this exact passage“a private client in connection with a matter (1) in which the lawyer participated personally and substantially as a public officer or employee, (2) about which the lawyer acquired knowledge of confidential information as a public officer or employee, or (3) for which the lawyer had substantial responsibility as a public officer or employee.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.