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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-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? Watch the
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Oral Argument Audio for
A-3-23-Part 1
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A-3-23-Part 2
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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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Oral Argument Audio for
A-60/61-22 - Part 1
Watch the
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Oral Argument Audio for
A-60/61-22 - Part 2
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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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A-55-22 Delaware River Joint Toll Bridge Commission v. George Harms Construction Co., Inc. (088194) Is the Commission, a bi-state entity created by an interstate compact between New Jersey and Pennsylvania and approved by Congress, authorized to approve, use, and enforce a project labor agreement as a mandatory requirement in its bid specifications?
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A-54-22 Rise Against Hate v. Cherry Hill Township (088145) Are email addresses submitted by members of the public to a public agency to sign up for electronic newsletters and notices subject to disclosure under the Open Public Records Act?
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A-53-22 State v. Jerry Rosado (088067) Does the 2002 amendment to N.J.S.A. 2C:1-6, L. 2001, c. 308, § 1, which states that the statute of limitations does not begin to run until the State “is in possession of both the physical evidence and the DNA or fingerprint evidence necessary to establish the identification of the actor by means of comparison to the physical evidence,” apply where defendant is charged with a sexual assault that occurred in 1990, when the limitations period was five years, and if so, does applying the 2002 amendment violate the ex post facto clauses of the federal and State constitutions? Watch the
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Oral Argument Audio for
A-53-22- Part 1
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Oral Argument Audio for
A-53-22- Part 2
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A-52-22 Comprehensive Neurosurgical, P.C. v. The Valley Hospital (087469) Should plaintiffs’ claim that defendant breached the implied covenant of good faith and fair dealing have been dismissed because defendant did not breach its bylaws, did defendant waive the attorney-client privilege for communications about the White Paper by relying on the White Paper, and did plaintiffs’ counsel’s statements during summation about transferring patients, when contrary evidence was excluded from trial, require a new trial? Watch the
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Oral Argument Audio for
A-52-22- Part 1
Watch the
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Oral Argument Audio for
A-52-22- Part 2
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