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

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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

[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 : Feb. 7, 2024
  • Posted: Feb. 8, 2024

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

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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 : Feb. 7, 2024
  • Posted: Feb. 8, 2024

A-22-23 Verizon New Jersey, Inc. v. Borough of Hopewell (088421)

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What is the proper interpretation of the phrase “local telephone exchange” in N.J.S.A. 54:4-1?


[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.  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

[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.  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 : Feb. 7, 2024
  • Posted: Feb. 8, 2024

A-20/21-23 In the Matter of Registrant R.H.; In the Matter of Registrant T.L. (088232)

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Does the provision of N.J.S.A. 2C:7-2(f) that prevents termination of a registrant’s Megan’s Law registration requirements if the registrant committed another offense within fifteen years apply to juvenile offenders?

[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 : Jan. 29, 2024
  • Posted: Jan. 29, 2024

A-19-23 In the Matter of J.A. (088405)

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Is the provision of N.J.S.A. 2C:7-2(f) that prevents termination of Megan’s Law registration requirements if the registrant committed another offense within fifteen years constitutional when applied to juvenile offenders?

[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 : Jan. 29, 2024
  • Posted: Jan. 29, 2024

A-17/18-23 Madeline Keyworth v. CareOne at Madison Avenue; Suzanne Bender v. Harmony Village at CareOne Paramus (088410)

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Are the documents at issue privileged under the Patient Safety Act, N.J.S.A. 26:2H-12.23 to -12.25?

  • Leave to Appeal Granted : Jan. 12, 2024
  • Posted: Jan. 12, 2024

A-16-23 Board of Education of the Township of Sparta v. M.N. (088378)

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If the State issues a high school diploma to a student who is covered by the Individuals with Disabilities Education Act (IDEA) for passing the General Education Development exam pursuant to N.J.A.C. 6A:8-5.2(c), does that diploma qualify as a “regular high school diploma” under 34 C.F.R. § 300.102(a)(3) such that the student is no longer entitled to a free appropriate public education under IDEA?

  • Certification Granted : Dec. 8, 2023
  • Posted: Dec. 8, 2023

A-15-23 In the Matter of James Hartnett, Pennsauken (087997)

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Did the Civil Service Commission err in denying petitioner’s automatic reinstatement request under the circumstances presented?

  • Certification Granted : Oct. 24, 2023
  • Posted: Oct. 24, 2023

A-14-23 New Jersey Division of Child Protection and Permanency v. A.P. (088329)

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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?



Leave to Appeal Granted
Posted
Argued
  • Leave to Appeal Granted : Oct. 6, 2023
  • Posted: Oct. 10, 2023
  • Argued: Feb. 26, 2024

A-13-23 State v. Donnie E. Harrell (088412)

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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?



Leave to Appeal Granted
Posted
Argued
  • Leave to Appeal Granted : Oct. 6, 2023
  • Posted: Oct. 10, 2023
  • Argued: Feb. 26, 2024

A-12-23 David Goyco v. Progressive Insurance Company (088497)

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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?

Watch the
Watch the
  • Certification Granted : Oct. 6, 2023
  • Posted: Oct. 10, 2023
  • Argued: Jan. 29, 2024

A-11-23 Shlomo Hyman v. Rosenbaum Yeshiva of North Jersey (087994)

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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?

  • Certification Granted : Oct. 6, 2023
  • Posted: Oct. 10, 2023

A-10-23 In the Matter of Brian Ambroise (088042)

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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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  • Certification Granted : Oct. 6, 2023
  • Posted: Oct. 10, 2023
  • Argued: Jan. 29, 2024

A-9-23 Susan Seago v. Board of Trustees, Teachers’ Pension and Annuity Fund (087786)

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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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  • Certification Granted : Oct. 6, 2023
  • Posted: Oct. 10, 2023
  • Argued: Jan. 29, 2024

A-8-23 New Jersey Division of Child Protection and Permanency v. J.C. and K.C (088071)

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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?



Certification Granted
Posted
Argued
  • Certification Granted : Sept. 25, 2023
  • Posted: Sept. 25, 2023
  • Argued: Feb. 26, 2024

A-7-23 Candace A. Moschella v. Hackensack Meridian Jersey Shore University Medical Center (088312)

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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?

  • Certification Granted : Sept. 25, 2023
  • Posted: Sept. 25, 2023

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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  • Certification Granted : Sept. 25, 2023
  • Posted: Sept. 25, 2023
  • Argued: Jan. 17, 2024
  • Dismissed by Order : Jan. 26, 2024

A-5-23 State v. Shalom Yehudiel (088576)

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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?

  • Leave to Appeal Granted : Sept. 11, 2023
  • Posted: Sept. 11, 2023

A-4-23 William Pace v. Hamilton Cove (088302)

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Are class action waivers unenforceable in contracts that do not contain a mandatory arbitration provision?

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  • Leave to Appeal Granted : Sept. 11, 2023
  • Posted: Sept. 11, 2023
  • Argued: Jan. 16, 2024

A-3-23 Christopher Maia v. IEW Construction Group (088010)

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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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  • Leave to Appeal Granted : Sept. 11, 2023
  • Posted: Sept. 11, 2023
  • Argued: Jan. 3, 2024