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Find Supreme Court appeal cases here. The most recent cases are listed first. You can also use the search tool to find a specific case.

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-21-16 Continental Insurance Company v. Honeywell International, Inc (078152)

In this action regarding the allocation of insurance coverage for personal injury asbestos claims, does New Jersey law apply and must defendant assume its own risk for the period after 1987 when coverage for such claims was no longer available?

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  • Certification granted : Dec. 12, 2016
  • Posted: Dec. 12, 2016
  • Argued: Oct. 24, 2017
  • Decided: June 27, 2018

A-20-16 Philip Vitale v. Schering-Plough Corporation (078294)

Is a provision in an employment contract that limits a worker's right to sue a third party for negligence enforceable?

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  • Certification granted : Dec. 12, 2016
  • Posted: Dec. 12, 2016
  • Argued: Sept. 26, 2017
  • Decided: Dec. 11, 2017

A-18/19-16 Richard Catena v. Raytheon Company (078285)

Were plaintiff's claims of fraud pertaining to the transfer of property barred by the statute of limitations, or did the discovery rule apply under the circumstances presented?

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  • Certification granted : Dec. 2, 2016
  • Posted: Dec. 6, 2016
  • Argued: Nov. 6, 2017
  • Dismissed as improvidently granted : Nov. 16, 2017

A-17-16 John Paff v. Ocean County Prosecutor's Office (078040)

Among other issues, does this police vehicle's video recording of an arrest fall within the 'criminal investigatory records' exemption to the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13; and, if the video recording is subject to disclosure, can the arrestee's privacy-based objection justify withholding the recording?

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  • Appeal as of right (Appellate Division dissent) and certification granted : Dec. 2, 2016
  • Posted: Dec. 6, 2016
  • Argued: Feb. 27, 2018
  • Decided: Aug. 13, 2018

A-16-16 EQR-LPC Urban Renewal North Pier, LLC v. City of Jersey City (078268)

Do the 2003 amendments to the Long Term Tax Exemption Law, N.J.S.A. 40A:20-1 to -22 apply to these tax abatement financial agreements entered into in 2000 and 2001?

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  • Leave to appeal granted : Nov. 14, 2016
  • Posted: Nov. 14, 2016
  • Argued: Oct. 11, 2017
  • Decided: Nov. 15, 2017

A-15-16 State in the Interest of C.K. (077672)

Does the imposition of the Megan's Law lifetime registration requirements, pursuant to N.J.S.A. 2C:7-2(g), violate the constitutional rights of juvenile offenders?

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  • Certification granted : Nov. 3, 2016
  • Posted: Nov. 3, 2016
  • Argued: Sept. 25, 2017
  • Decided: April 24, 2018

A-14-16 State v. Ryan Sutherland (077807)

Under the circumstances presented, was the officer justified in stopping defendant's vehicle for having an inoperable tail light?

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  • Certification granted : Nov. 3, 2016
  • Posted: Nov. 3, 2016
  • Argued: Oct. 10, 2017
  • Decided: Jan. 11, 2018

A-13-16 State v. Fernando Carrero, Jr. (078071)

Did the evidence elicited in this trial for first-degree murder support a jury charge on passion/provocation manslaughter?

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  • Appeal as of right (Appellate Division dissent)
  • Posted: Oct. 28, 2016
  • Argued: March 13, 2017
  • Decided: May 22, 2017

A-12-16 A.T. v. M. Cohen, M.D. (077821)

In this medical malpractice action filed on behalf of a child, did the trial court err in concluding that it lacked the discretion to grant plaintiff's motion to voluntarily dismiss the complaint?

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  • Appeal as of right (Appellate Division dissent)
  • Posted: Oct. 28, 2016
  • Argued: Sept. 25, 2017
  • Decided: Dec. 14, 2017

A-11-16 Edan Ben Elazar v. Macrietta Cleaners, Inc. (078079)

Under the circumstances presented, did plaintiff's file a timely notice of claim (pursuant to the New Jersey Tort Claims Act) against the Township of Cranford?

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  • Leave to appeal granted : Oct. 28, 2016
  • Posted: Oct. 28, 2016
  • Argued: April 24, 2017
  • Decided: July 26, 2017

A-10-16 State v. Alexis Sanchez-Medina (077883)

Was defendant's immigration status admissible for impeachment purposes; and was defendant entitled to a jury instruction on identification?

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  • Certification granted : Oct. 14, 2016
  • Posted: Oct. 14, 2016
  • Argued: Oct. 10, 2017
  • Decided: Jan. 18, 2018

A-9-16 Christopher Mount v. Board of Trustees, Police and Firemen's Retirement System (078021)

Did the Board err in denying plaintiff's application for accidental disability retirement benefits, based on its finding that the event that caused plaintiff's disability was not 'undesigned and unexpected,' pursuant to N.J.S.A. 43:16A-7?

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  • Certification granted : Oct. 14, 2016
  • Posted: Oct. 14, 2016
  • Argued: Nov. 28, 2017
  • Decided: June 5, 2018

A-7/8-16 Hazel Hamrick Lee v. Florence Brown (078043)

Was a city electrical inspector entitled to absolute immunity under the New Jersey Tort Claims Act (TCA), rather than qualified immunity, following this fire at a multi-dwelling home in the City of Paterson?

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  • Leave to appeal granted : Oct. 7, 2016
  • Posted: Oct. 11, 2016
  • Argued: Sept. 11, 2017
  • Decided: Feb. 21, 2018

A-6-16 State v. William Burkert (077623)

Was defendant's conduct distributing wedding photographs of a colleague to which defendant had added vulgar annotations protected speech that could not constitute criminal harassment?

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  • Certification granted : Sept. 23, 2016
  • Posted: Sept. 23, 2016
  • Argued: Sept. 11, 2017
  • Decided: Dec. 19, 2017

A-5-16 In the Matter of the Enforcement of New Jersey False Claims Act Subpoenas (077506)

Is the State foreclosed from utilizing the New Jersey False Claims Act's administrative subpoena power once the Attorney General's right to intervene in a qui tam action has expired?

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  • Certification granted : Sept. 23, 2016
  • Posted: Sept. 23, 2016
  • Argued: March 13, 2017
  • Decided: June 7, 2017

A-4-16 Doreen Hayes v. Barbara Delamotte (077819)

Under the circumstances presented, was plaintiff entitled to a new trial following the jury’s no-cause verdict?

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  • Certification granted : Sept. 23, 2016
  • Posted: Sept. 23, 2016
  • Argued: Sept. 12, 2017
  • Decided: Jan. 10, 2018

A-3-16 State v. Akeem Boone (077757)

Did the affidavit in support of this application for a search warrant establish probable cause to search a specific apartment in the building?

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  • Certification granted : Sept. 15, 2016
  • Posted: Sept. 15, 2016
  • Argued: Sept. 25, 2017
  • Decided: Dec. 18, 2017

A-2-16 Jaime Taormina Bisbing v. Glenn R. Bisbing, III (077533)

Did the trial court err in granting plaintiff's motion to relocate out of state with the parties' children?

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  • Certification granted : Sept. 12, 2016
  • Posted: Sept. 12, 2016
  • Argued: March 29, 2017
  • Decided: Aug. 8, 2017

A-1-16 In re the Declaratory Judgment Actions Filed by Various Municipalities, County of Ocean, Pursuant to the Supreme Court's Decision in In re Adoption of N.J.A.C. 5:96, 221 N.J. 1 (2015) (077565)

When calculating a municipality's fair share obligation, how should affordable housing need that accumulated from 1999 through 2015 (the gap period) be addressed?

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  • Leave to appeal granted : Sept. 8, 2016
  • Posted: Sept. 12, 2016
  • Argued: Nov. 30, 2016
  • Decided: Jan. 18, 2017

A-107/108-15 State v. Daniel K. Jackson (076636)

Should the evidence seized from the basement of an apartment inhabited by one of defendant's co-defendants (Sulaiman Massaquoi) have been suppressed, under the circumstances presented?

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  • Certification granted : Aug. 5, 2016
  • Posted: Aug. 8, 2016
  • Argued: March 27, 2017
  • Dismissed as improvidently granted : April 5, 2017