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APPEALS ADDED IN THE NEW JERSEY SUPREME COURT LISTED NEWEST TO OLDEST

The following statements of issues on appeal are prepared by the Office of the Clerk for the convenience of the reader. They have been neither reviewed nor approved by the Supreme Court. Please note that, in the interest of brevity, some issues may not have been summarized.

Beginning on July 16, 2010, each appeal summary posted on this website includes its "posted" date, which is necessary for calculating certain due dates for filing briefs and motions under revised Rule 1:13-9, "Amicus Curiae."

In addition, website addresses cited in the Court's opinions may change or disappear over time. An attempt has been made to capture the material cited in an opinion and to provide links to those sources, when available.

A-29-24 C.A.L. v. State of New Jersey (089655)

Read Appellate Opinion A-0571-23

Does the favorable termination rule from Heck v. Humphrey, 512 U.S. 477 (1994), which holds that a cause of action under 42 U.S.C. § 1983 for damages attributable to an unconstitutional conviction or sentence does not accrue until the conviction or sentence has been vacated, apply to the claims in plaintiffs’ complaint, and if so, did plaintiffs file suit within the two-year statute of limitations?



Certification Granted
Posted
  • Certification Granted : Jan. 31, 2025
  • Posted: Feb. 3, 2025

A-28-24 Extech Building Materials, Inc. v. E&N Construction, Inc. (089720)

Read Appellate Opinion A-0191-23

If an individual signs a contract on behalf of a corporate entity, and the contract has a provision stating that the individual guarantees payment, is the guarantee enforceable against that individual?



Certification Granted
Posted
  • Certification Granted : Jan. 31, 2025
  • Posted: Feb. 3, 2025

A-27-24 Sergio Lopez v. Marmic LLC (089632)

Read Appellate Opinion A-2391-22

Is an individual’s immigration status relevant to whether an employer owes wages under the New Jersey Wage and Hour Law and the New Jersey Wage and Payment Law, and is a barter arrangement legally distinct from an employer-employee relationship under New Jersey law?



Certification Granted
Posted
  • Certification Granted : Jan. 31, 2025
  • Posted: Feb. 3, 2025

A-26-24 In the Matter of the Certificates of Nicholas Cilento, State Board of Examiners, New Jersey Department of Education (089658)

Read Appellate Opinion A-3586-21

Did an arbitrator’s decision to suspend a teacher for three months in a tenure matter brought by a local board of education prevent the State Board of Examiners and Commissioner of Education from imposing a two-year suspension of his teaching certificates for the same conduct?



Certification Granted
Posted
  • Certification Granted : Jan. 17, 2025
  • Posted: Jan. 21, 2025

A-25-24 States Newsroom Inc. v. City of Jersey City (089943)

Read Appellate Opinion A-2721-22

If an incident that is the subject of a law enforcement internal affairs report was also the subject of an expungement, can a requester obtain the internal affairs report under the common law right of access, and should the trial court record have been sealed?



Certification Granted
Posted
Argued
  • Certification Granted : Jan. 17, 2025
  • Posted: Jan. 21, 2025
  • Argued: April 29, 2025

A-24-24 Horace Cowan v. New Jersey State Parole Board (089243)

Read Appellate Opinion A-1131-20

On this record of plaintiff’s criminal history and his twenty-one infractions while incarcerated, was the Parole Board’s imposition of a 200-month future eligibility term arbitrary, capricious, and unreasonable?



Certification Granted
Posted
  • Certification Granted : Jan. 17, 2025
  • Posted: Jan. 21, 2025

A-23-24 New Jersey Division of Child Protection and Permanency v. I.J.R and Z.T., Jr. (089536)

Read Appellate Opinion A-2929-22/A-2930-22

Did the Division prove the four prongs of the “best interests of the child” test, N.J.S.A. 30:4C-15.1(a), in this matter concerning the termination of Z.T. Jr.’s parental rights to his son, P.D.R.?



Certification Granted
Posted
  • Certification Granted : Dec. 9, 2024
  • Posted: Dec. 10, 2024

A-22-24 Keith Isaac (deceased) v. Board of Trustees, Police and Firemen’s Retirement System (089370)

Read Appellate Opinion A-3489-21

Does the doctrine of probable intent apply to a retirement application form, and is a hearing necessary to determine decedent’s probable intent?



Certification Granted
Posted
Argued
Watch the 
  • Certification Granted : Dec. 6, 2024
  • Posted: Dec. 10, 2024
  • Argued: March 17, 2025

A-21-24 Gerald Fazio Jr. v. Altice USA (089744)

Read Appellate Opinion A-2102-22

Can mutual assent to an arbitration clause be established through a business’s practice of sending a customer service agreement without proving that practice was followed as to the plaintiff?



Certification Granted
Posted
Argued
  • Certification Granted : Dec. 6, 2024
  • Posted: Dec. 10, 2024
  • Argued: April 28, 2025

A-20-24 State v. Delshon J. Taylor Jr. (089386)

Read Appellate Opinion A-3359-21

Is a prosecutor’s denial of a Graves Act waiver under N.J.S.A. 2C:43-6.2 reviewed under the abuse of discretion standard, or for a patent and gross abuse of discretion, see State v. Rodriguez, 466 N.J. Super. 71 (App. Div. 2021)?



Certification Granted
Posted
Argued
  • Certification Granted : Dec. 6, 2024
  • Posted: Dec. 10, 2024
  • Argued: April 29, 2025

A-19-24 Borough of Englewood Cliffs v. Thomas J. Trautner (089406)

Read Appellate Opinion A-2765-21

Is a municipality subject to sanctions for filing a frivolous lawsuit under the Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1?



Certification Granted
Posted
Argued
Watch the 
  • Certification Granted : Nov. 15, 2024
  • Posted: Nov. 15, 2024
  • Argued: March 17, 2025

A-18-24 State v. Shawn M. Fenimore (089786)

Read Appellate Opinion A-2246-22

In this matter where defendant had been arrested and his car was parked in the police station parking lot, could the police search his car without a warrant?



Certification Granted
Posted
Argued
Watch the 
Watch the 
  • Certification Granted : Nov. 1, 2024
  • Posted: Nov. 4, 2024
  • Argued: March 4, 2025

A-17-24 State v. Zaire J. Cromedy (089188)

Read Appellate Opinion A-1145-22

Is N.J.S.A. 2C:39-5(j), which provides that unlawful possession of a handgun without a permit is a first-degree offense under certain circumstances, subject to a mandatory period of parole ineligibility under the Graves Act, N.J.S.A. 2C:43-6(c)?



Certification Granted
Posted
Argued
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  • Certification Granted : Nov. 1, 2024
  • Posted: Nov. 4, 2024
  • Argued: March 17, 2025

A-16-24 Englewood Hospital & Medical Center v. The State of New Jersey (089696)

Read Appellate Opinion A-2767-21

Does New Jersey’s charity care program -- which requires a hospital to provide services to all patients regardless of their ability to pay, prohibits the hospital from billing those patients, and does not provide at-cost reimbursement to the hospital -- amount to an unconstitutional taking of the hospital’s property?



Certification Granted
Posted
Argued
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  • Certification Granted : Nov. 1, 2024
  • Posted: Nov. 4, 2024
  • Argued: April 1, 2025

A-15-24 In re the Matter Concerning the State Grand Jury (089571)

Read Appellate Opinion A-3795-22

Does a State Grand Jury have the authority to return a presentment about sexual abuse by members of the clergy?


[Note:  The Court imposed a peremptory briefing schedule in this matter.  Any motion for leave to appear as amicus curiae shall be served and filed, with the proposed amicus brief, on or before 3/28/2025.  For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955.  No further submissions will be accepted unless requested by the Court.]


Certification Granted
Posted
Argued

[Note:  The Court imposed a peremptory briefing schedule in this matter.  Any motion for leave to appear as amicus curiae shall be served and filed, with the proposed amicus brief, on or before 3/28/2025.  For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955.  No further submissions will be accepted unless requested by the Court.]

  • Certification Granted : Oct. 18, 2024
  • Posted: Oct. 30, 2024
  • Argued: April 28, 2025

A-14-24 Bank of America, N.A. v. Thomas Maher (089438)

If an installment contract has an optional acceleration clause, does the statute of limitations for a breach of contract claim begin to run when the borrower makes its last payment, or when the lender accelerates the debt?



Certification Granted
Posted
Argued
Dismissed by Order
Watch the 
  • Certification Granted : Oct. 18, 2024
  • Posted: Oct. 21, 2024
  • Argued: March 4, 2025
  • Dismissed by Order : March 7, 2025

A-13-24 State v. John T. Bragg (089446)

Read the Appellate Opinion for A-3502-21

Should the jury have been instructed that if defendant was in his own dwelling, then he had no duty to retreat unless he was the initial aggressor, and if so, was the failure to provide that instruction plain error?



Certification Granted
Posted
Argued
Watch the 
  • Certification Granted : Oct. 18, 2024
  • Posted: Oct. 21, 2024
  • Argued: March 3, 2025

A-12-24 Fred Krug v. New Jersey State Parole Board (089603)

Read Appellate Opinion A-2875-22

Does it violate the Ex Post Facto Clause to apply the 1997 amendments to the 1978 Parole Act, L. 1997, c. 213, which in relevant part deleted the requirement that the Parole Board could only rely on “new” information at a subsequent parole hearing, see N.J.S.A. 30:4-123.56(c), to an inmate convicted prior to those amendments?


[Note: The Court imposed an expedited, peremptory briefing schedule in this matter. Any motion for leave to appear as amicus curiae shall be served and filed through eCourts Supreme, with the proposed amicus brief, on or before 12/4/24. For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955. No further submissions will be accepted unless requested by the Court.]


Certification Granted
Posted
Argued

[Note: The Court imposed an expedited, peremptory briefing schedule in this matter. Any motion for leave to appear as amicus curiae shall be served and filed through eCourts Supreme, with the proposed amicus brief, on or before 12/4/24. For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955. No further submissions will be accepted unless requested by the Court.]

Watch the 
Watch the 
  • Certification Granted : Oct. 3, 2024
  • Posted: Oct. 4, 2024
  • Argued: Feb. 3, 2025

A-10/11-24 Jersey City United Against the New Ward Map v. Jersey City Ward Commission (089292)

Read Appellate Opinion A-0356-22/A-0560-22

In addition to challenges under the Equal Protection Clause and the Civil Rights Act, did the Jersey City election ward maps that were redrawn after the 2020 census violate the compactness requirement of the Municipal Ward Law, N.J.S.A. 40:44-14?


[Note:  The Court imposed an expedited, peremptory briefing schedule in this matter.  Any motion for leave to appear as amicus curiae shall be served and filed through eCourts Supreme, with the proposed amicus brief, on or before 11/12/24.  For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955.  No further submissions will be accepted unless requested by the Court.]


Certification Granted
Posted
Argued

[Note:  The Court imposed an expedited, peremptory briefing schedule in this matter.  Any motion for leave to appear as amicus curiae shall be served and filed through eCourts Supreme, with the proposed amicus brief, on or before 11/12/24.  For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955.  No further submissions will be accepted unless requested by the Court.]

Watch the 
  • Certification Granted : Sept. 27, 2024
  • Posted: Sept. 27, 2024
  • Argued: Jan. 6, 2025

A-9-24 Vector Foiltec LLC v. Dawn Becker (089681)

Read Appellate Opinion A-3293-22

Is a settlement agreement in a civil matter enforceable if payment is conditioned on one of the parties recommending that the other party be admitted into the pre-trial intervention program in a related criminal matter?



Leave to Appeal Granted
Posted
  • Leave to Appeal Granted : Sept. 20, 2024
  • Posted: Sept. 24, 2024