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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.
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A-15-23 In the Matter of James Hartnett, Pennsauken (087997) Did the Civil Service Commission err in denying petitioner’s automatic reinstatement request under the circumstances presented?
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A-14-23 New Jersey Division of Child Protection and Permanency v. A.P. (088329) Can the Division of Child Protection and Permanency use expunged criminal records in this child abuse and neglect proceeding that arises out of the same incident as the criminal matter?
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A-13-23 State v. Donnie E. Harrell (088412) Under the circumstances presented, is the alleged victim’s recorded statement from when she was eight years old admissible at trial now when she is fifteen and would testify that she recalls only one of the incidents of alleged sexual assault described in that statement?
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A-12-23 David Goyco v. Progressive Insurance Company (088497) Is plaintiff, who was operating a low-speed electric scooter at the time of the accident, a “pedestrian” under N.J.S.A. 39:6A-2(h), and therefore entitled to Personal Injury Protection benefits?
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A-11-23 Shlomo Hyman v. Rosenbaum Yeshiva of North Jersey (087994) Does the ministerial exception bar any tort claims raised by a former ministerial employee against a religious institution if those claims are related to the religious institution’s employment decision?
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A-10-23 In the Matter of Brian Ambroise (088042) Did the Civil Service Commission err by denying the Department of Corrections’ motion to reopen the hearing and by imposing a six-month suspension?
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A-9-23 Susan Seago v. Board of Trustees, Teachers’ Pension and Annuity Fund (087786) Under the circumstances presented, did the Board of Trustees of the Teachers’ Pension and Annuity Fund err by denying petitioner’s request to process an untimely interfund transfer from her Public Employees’ Retirement System account?
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A-8-23 New Jersey Division of Child Protection and Permanency v. J.C. and K.C (088071) Did the family court have authority, under N.J.S.A. 30:4C-12, to dismiss the case when there were continuing restraints in place?
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A-7-23 Candace A. Moschella v. Hackensack Meridian Jersey Shore University Medical Center (088312) Should plaintiff’s complaint have been dismissed with prejudice for failure to comply with the Affidavit of Merit Statute, N.J.S.A. 2A:53A-27 to -29?
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A-6-23 Constructural Dynamics, Inc. v. Arch Insurance Company (088356) In this commercial automobile insurance policy coverage dispute, did the handling of property exclusion or the completed operations exclusion apply under the circumstances?
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A-5-23 State v. Shalom Yehudiel (088576) Do the Victim’s Rights Amendment, N.J. Const. art. 1, ¶ 22, and the Crime Victim’s Bill of Rights, N.J.S.A. 52:4B-36, give a victim the right to file a motion to detain the defendant pending trial?
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A-4-23 William Pace v. Hamilton Cove (088302) Are class action waivers unenforceable in contracts that do not contain a mandatory arbitration provision?
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A-3-23 Christopher Maia v. IEW Construction Group (088010) Do the 2019 amendments to the Wage and Hour Law and the Wage Payment Law, L. 2019, c. 212, apply to this class action lawsuit filed after the effective date of those amendments, but encompassing conduct that occurred before the effective date?
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A-2-23 Christine Savage v. Township of Neptune (087229) Is the non-disparagement provision in the parties’ settlement agreement enforceable?
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A-1-23 Jeffrey Achey v. Cellco Partnership d/b/a Verizon Wireless (088253) Among other issues, is the arbitration clause unenforceable because provisions in the contract are unconscionable and violative of New Jersey public policy?
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A-62/63-22 Merck & Co., Inc. v. Ace American Insurance Company (088274) Did the “all risks” property insurance policies cover damages from a cyberattack that infected thousands of plaintiff’s computers in its global network, or did the “Hostile/Warlike Action” exclusion apply?
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A-60/61-22 Players Place II Condominium Association, Inc. v. K.P. and B.F. (088139) Did defendants prove that they are entitled to an emotional support dog that exceeded the weight limit in the Association’s pet policy as a reasonable accommodation under the New Jersey Law Against Discrimination, and if not, should the dog be allowed to remain in the condominium unit? Watch the
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A-60/61-22 - Part 1
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A-58/59-22 In re Protest of Contract for Retail Pharmacy Design, Construction, Start-Up and Operation, Request for Proposal No. UH-P20-006/ In re Sumukha LLC Challenge of Post-Award Changes to RFP UH-P20-006 (088018/088019) Is University Hospital a state administrative agency whose final decisions are directly appealable to the Appellate Division under Rule 2:2-3(a)(2)?
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A-57-22 State v. Andrew Higginbotham (088035) Is the child erotica amendment, L. 2017 c. 141, to the child endangerment statute, N.J.S.A. 2C:24-4, which criminalizes portraying a child in a sexually suggestive manner, unconstitutionally vague and overbroad under the First Amendment?
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A-56-22 New Jersey Division of Child Protection and Permanency v. B.P. (087676) Under the circumstances presented, did the New Jersey Safe Haven Infant Protection Act, N.J.S.A. 30:4C-15.5 to -15.11, preclude a finding that defendant abused and neglected her daughter under N.J.S.A. 9.6-8.21(c)(4)?
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