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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-44/45/46/47/48/49/50/51/52-23 In re Opinion No. 745 of the Supreme Court Advisory Committee on Professional Ethics (089278)

Read Committee Opinion

May a certified trial attorney pay referral fees to out-of-state lawyers under the New Jersey Rules of Court and the Rules of Professional Conduct?



Petitions for review granted
Posted
  • Petitions for review granted : July 18, 2024
  • Posted: July 18, 2024

A-43-23 Earneka Wiggins v. Hackensack Meridian Health (089441)

Read Appellate Opinion

In this medical malpractice matter in which the treating doctor was board certified in internal medicine and gastroenterology, was plaintiffs’ affidavit of merit from a doctor board certified in internal medicine sufficient?



Leave to Appeal Granted
Posted
  • Leave to Appeal Granted : July 18, 2024
  • Posted: July 18, 2024

A-42-23 In re Appeal of the New Jersey Department of Environmental Protection’s September 6, 2022 Denial of Request for Adjudicatory Hearing (089182)

Read Appellate Opinion

Does a Remediation in Progress Waiver issued by the New Jersey Department of Environmental Protection convey a property interest to the recipient that is constitutionally protected by the right to due process?



Certification Granted
Posted
  • Certification Granted : July 1, 2024
  • Posted: July 1, 2024

A-41-23 State v. Juan C. Hernandez-Peralta (089274)

Read Appellate Opinion

In this post-conviction relief matter, where defendant had told plea counsel that he was a United States citizen born in New York, but the pre-sentence report revealed that he was born in Mexico, was sentencing counsel’s performance deficient under the first prong of Strickland v. Washington, 466 U.S. 668 (1984), for failing to further investigate whether defendant was a United States citizen?



Leave to Appeal Granted
Posted
  • Leave to Appeal Granted : June 14, 2024
  • Posted: June 14, 2024

A-40-23 Linda B. Brehme v. Thomas Irwin (089025)

Read Appellate Opinion

Under the circumstances presented, did the filing of a warrant to satisfy judgment under Rule 4:48-1 bar plaintiff from filing an appeal, and if not, could plaintiff seek future medical expenses that would exceed her personal injury protection (PIP) coverage under N.J.S.A. 39:6A-12?



Certification Granted
Posted
  • Certification Granted : May 17, 2024
  • Posted: May 20, 2024

A-39-23 Dionicio Rodriguez v. Shelbourne Spring, LLC (089044)

Read Appellate Opinion

In this matter in which plaintiff received benefits from his employer under the Workers’ Compensation Act and subsequently filed suit against his employer alleging that his injuries were caused by his employer’s negligence, gross negligence, recklessness, and intentional misconduct, was the employer’s insurance company obligated to defend the employer under the liability insurance policy?



Leave to Appeal Granted
Posted
  • Leave to Appeal Granted : May 10, 2024
  • Posted: May 15, 2024

A-37/38-23 State v. Fuquan K. Knight; State v. Shaquan K. Knight (088970)

Read Appellate Opinion

Was it permissible to replay video recordings multiple times in slow motion, and with intermittent pauses, at the jury’s request?



Certification Granted
Posted
  • Certification Granted : May 10, 2024
  • Posted: May 15, 2024

A-36-23 State v. Samantha E. Bonora (089342)

Under the circumstances presented, should defendant have been ordered detained under the Criminal Justice Reform Act?



Leave to Appeal Granted
Decided by Order
  • Leave to Appeal Granted : May 3, 2024
  • Decided by Order : May 15, 2024

A-35-23 D.T. v. Archdiocese of Philadelphia (088966)

Read Appellate Opinion

Under the circumstances presented, is the Archdiocese of Philadelphia subject to personal jurisdiction in New Jersey?



Certification Granted
Posted
  • Certification Granted : April 5, 2024
  • Posted: April 8, 2024

A-34-23 Estate of Crystal Walcott Spill v. Jacob E. Markovitz, M.D. (088764)

Read Appellate Opinion

Should the verdict form in a medical malpractice case allow the jury to apportion a percentage of fault to a potential defendant if the court lacks personal jurisdiction over that potential defendant?



Certification Granted
Posted
  • Certification Granted : April 5, 2024
  • Posted: April 8, 2024

A-33-23 Antonio Fuster v. Township of Chatham (089030)

Read Appellate Opinion

Are plaintiffs entitled to this body worn camera recording of an interview under the Body Worn Camera Law, N.J.S.A. 40A:14-118.3 to -118.5, the Open Public Records Act, and the common law right of access?



Certification Granted
Posted
  • Certification Granted : April 5, 2024
  • Posted: April 8, 2024

A-32-23 Laurence J. Rappaport v. Kenneth Pasternak (088645)

Read Appellate Opinion

In this matter, where an arbitrator found that plaintiff was wrongfully terminated and awarded him monetary damages but divested him of his interests in various limited liability realty companies, did the Appellate Division err in modifying the arbitration awards?



Certification Granted
Posted
  • Certification Granted : April 5, 2024
  • Posted: April 8, 2024

A-30/31-23 In the Matter of A.D., an Alleged Incapacitated Person (088942)

Read Appellate Opinion

In an action seeking guardianship of an alleged incapacitated and vulnerable adult, under what circumstances can a court grant applications for fees and costs submitted by court-appointed attorneys and guardians?



Certification Granted
Posted
  • Certification Granted : April 5, 2024
  • Posted: April 8, 2024

A-29-23 257-261 20th Avenue Realty, LLC v. Alessandro Roberto, et al. (088959)

Read Appellate Opinion

Is the Tax Sale Law, which authorizes the purchaser of a tax sale certificate to acquire title to real property by foreclosing the equity of redemption of all outstanding interests (N.J.S.A. 54:5-1 to -137), unconstitutional under the decision in Tyler v. Hennepin County, 598 U.S. 631 (2023); and if not, did exceptional circumstances otherwise exist in this matter that warranted vacating the final judgment under Rule 4:50-1(f)?



Certification Granted
Posted
  • Certification Granted : March 22, 2024
  • Posted: March 22, 2024

A-28-23 In the Matter of the Estate of Michael D. Jones, Deceased (088877)

Read Appellate Opinion

Under N.J.S.A. 3B:3-14, is the designation of a spouse as the pay-on-death beneficiary of United States Savings Bonds automatically nullified on divorce, and if so, is the statute preempted in this matter by federal regulations governing United States Savings Bonds, including 31 C.F.R. § 353.22?



Certification Granted
Posted
  • Certification Granted : March 22, 2024
  • Posted: March 22, 2024

A-26/27-23 State v. Darryl Nieves; State v. Michael Cifelli (088683)

Read Appellate Opinion

Is the diagnosis of abusive head trauma, commonly known as shaken baby syndrome, scientifically reliable?



Certification and leave to appeal granted
Posted
  • Certification and leave to appeal granted : March 8, 2024
  • Posted: March 8, 2024

A-25-23 State v. C.P. (088925)

Read Appellate Opinion

Are extraordinary aggravating factors present such that C.P.’s petition for compassionate release under the Compassionate Release Act, N.J.S.A. 30:4-123.51e, should be denied?



Certification Granted
Posted
  • Certification Granted : March 8, 2024
  • Posted: March 8, 2024

In re New Jersey Rules of Court, Part VII, Guideline 4 (089275)

In this matter, the Court withdraws Guideline 4 of Part VII of the N.J. Court Rules, which prohibited plea bargaining in driving while intoxicated (DWI) cases, in light of recent amendments to N.J.S.A. 39:4-50, which authorize plea bargaining in DWI cases.



Decided by Order
  • Decided by Order : Feb. 23, 2024

A-24-23 In the Matter of Proposed Construction of Compressor Station (CS327) (088744)

Read Appellate Opinion

In Exemption 11 of the Highlands Act, N.J.S.A. 13:20-28(a)(11), which exempts “the routine maintenance and operations, rehabilitation, preservation, reconstruction, repair, or upgrade of public utility lines, rights of way, or systems, by a public utility, provided that the activity is consistent with the goals and purposes” of the Highlands Act, does the word “routine” refer only to “maintenance or operations” or to all of the activities listed in Exemption 11?


[Note: Any motion for leave to appear as amicus curiae shall be served and filed, with the proposed amicus brief, on or before 3/20/24.  For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955.  No further submissions shall be accepted unless requested by the Court.]
Certification Granted
Posted
Argued

[Note: Any motion for leave to appear as amicus curiae shall be served and filed, with the proposed amicus brief, on or before 3/20/24.  For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955.  No further submissions shall be accepted unless requested by the Court.]

Watch the
  • Certification Granted : Feb. 7, 2024
  • Posted: Feb. 8, 2024
  • Argued: May 2, 2024

A-23-23 In the Matter of Registrant R.S. (088761)

Is a Megan’s Law registrant whose risk of re-offense is moderate or low entitled to an evidentiary hearing to determine if the registrant’s conduct was characterized by a pattern of repetitive, compulsive behavior and therefore the registrant’s information should be included on the Sex Offender Internet Registry, N.J.S.A. 2C:7-13?


[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, with the proposed amicus brief, on or before 4/1/24.  Such filings shall be submitted to the Clerk’s Office through eCourts Supreme.  For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955.  No further submissions shall be accepted unless requested by the Court.]
Certification Granted
Posted
Argued
Decided

[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, with the proposed amicus brief, on or before 4/1/24.  Such filings shall be submitted to the Clerk’s Office through eCourts Supreme.  For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955.  No further submissions shall be accepted unless requested by the Court.]

Watch the
  • Certification Granted : Feb. 7, 2024
  • Posted: Feb. 8, 2024
  • Argued: May 1, 2024
  • Decided: July 2, 2024