Sorry, you need to enable JavaScript to visit this website.

Track Appeals

This page provides summaries of Supreme Court appeals, along with certain procedural information, due dates, and publicly filed briefs.  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

Summaries for Informational Purposes Only: 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.

Party Briefing and Case Documents: Briefing on appeals before the Supreme Court is governed by Court Rule. The Court’s order taking the appeal typically will include the due dates for the parties’ merits briefs and for amicus motions and briefs. The order is included in the “Case Document(s)” for each appeal. If the appeal is not sealed, the parties’ briefs also will be included in the “Case Document(s).”

Amicus Motions: Beginning on Feb. 10, 2026, motions for leave to appear as amicus curiae and proposed amicus briefs in Supreme Court appeals are due ten (10) days after the respondent files its merits brief, and motions to extend or relax the time for filing an amicus motion and brief will not be accepted. See R. 1:13-9(e).

A-30-19 Brian Delaney v. Trent S. Dickey and Sills Cummis & Gross, PC (083440)

Under the circumstances presented, was the arbitration clause in the attorney-client retainer agreement unenforceable because it violated the Rules of Professional Conduct?



Certification granted
Posted
Argued
Decided
Watch the 
  • Certification granted : Dec. 5, 2019
  • Posted: Dec. 5, 2019
  • Argued: Sept. 15, 2020
  • Decided: Dec. 21, 2020

A-29-19 Elmer Branch v. Cream-O-Land Dairy (083379)

In this class action alleging a failure to pay overtime wages in violation of the New Jersey Wage and Hour Law, is the good-faith defense, N.J.S.A. 34:11-56a25.2, available to defendant based on determinations made by employees of the New Jersey Department of Labor and Workforce Development?



Certification granted
Posted
Argued
Decided
Watch the 
Watch the 
  • Certification granted : Dec. 5, 2019
  • Posted: Dec. 5, 2019
  • Argued: Sept. 30, 2020
  • Decided: Jan. 13, 2021

A-28-19 State v. Luis A. Maisonet (083066)

Was defendant denied his constitutional right to counsel of his choice?



Certification granted
Posted
Argued
Decided
Watch the 
  • Certification granted : Nov. 21, 2019
  • Posted: Nov. 22, 2019
  • Argued: Sept. 15, 2020
  • Decided: March 23, 2021

A-27-19 State v. Andrea K. Dunbrack; State v. Gabriel Rodriguez (083008)

Were defendants entitled to have the jury instructed on theft as a lesser included offense of robbery?



Certification granted
Posted
Argued
Decided
Watch the 
  • Certification granted : Nov. 18, 2019
  • Posted: Nov. 18, 2019
  • Argued: Sept. 14, 2020
  • Decided: March 22, 2021

A-26-19 State v. Antwan J. Horton (082698)

Read Order

Was it error to substitute an alternate juror for an excused juror after the jury stated that it had reached a partial verdict?



Certification granted
Posted
Argued
Decided
Revised
Watch the 
  • Certification granted : Nov. 18, 2019
  • Posted: Nov. 18, 2019
  • Argued: April 28, 2020
  • Decided: June 10, 2020
  • Revised : June 12, 2020

A-25-19 Rosemont Properties, LLC v. IP Realty, LLC (083307)

Did the credit doctrine apply and require reduction of the amount due to plaintiff under the circumstances presented, including that plaintiff released its mortgage to defendants on a different property?



Certification granted
Posted
Argued
Dismissed as improvidently granted
Watch the 
  • Certification granted : Nov. 18, 2019
  • Posted: Nov. 18, 2019
  • Argued: March 30, 2020
  • Dismissed as improvidently granted : April 7, 2020

A-24-19 Jed Goldfarb v. David Solimine (083256)

Among other issues, is plaintiff’s promissory estoppel claim barred because there was no written contract to provide services as an investment adviser?



Certification granted
Posted
Argued
Decided
Watch the 
  • Certification granted : Nov. 7, 2019
  • Posted: Nov. 7, 2019
  • Argued: Sept. 15, 2020
  • Decided: Feb. 18, 2021

A-23-19 Mary Richter v. Oakland Board of Education (083273)

Read Order

Is an employee alleging discrimination for failure to accommodate a disability, pursuant to the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49, required to show an adverse employment action; and is this employee’s claim barred by the exclusive remedy provision of the Workers’ Compensation Act, N.J.S.A. 34:15-1 to -146?



Certification granted
Posted
Argued
Decided
Revised
Watch the 
Watch the 
  • Certification granted : Nov. 4, 2019
  • Posted: Nov. 4, 2019
  • Argued: Sept. 14, 2020
  • Decided: June 8, 2021
  • Revised : June 15, 2021

A-22/53-19 Winberry Realty Partnership v. Borough of Rutherford (083156)

Does the tax collector have final policymaking authority such that the Borough may be liable for her actions?



Certification granted
Posted
Argued
Decided
Watch the 
  • Certification granted : Nov. 4, 2019
  • Posted: Nov. 4, 2019
  • Argued: Jan. 19, 2021
  • Decided: June 28, 2021

A-21-19 Christopher J. Gramiccioni v. Department of Law and Public Safety (083198)

Under the circumstances presented, was the Attorney General required to defend and indemnify the Monmouth County Prosecutor’s Office, the Monmouth County Prosecutor, and Assistant Prosecutors named as defendants in a civil complaint, pursuant to Wright v. State, 169 N.J. 422 (2001)?



Certification granted
Posted
Argued
Decided
Watch the 
  • Certification granted : Nov. 4, 2019
  • Posted: Nov. 4, 2019
  • Argued: March 31, 2020
  • Decided: July 28, 2020

A-20-19 City of Asbury Park v. Star Insurance Company (083371)

Does the made-whole doctrine apply to first-dollar risk that is allocated to an insured under an insurance policy, i.e., a self-insured retention or deductible?



Question of law certified by the U.S. Court of Appeals for the Third Circuit, accepted
Posted
Argued
Decided
Watch the 
  • Question of law certified by the U.S. Court of Appeals for the Third Circuit, accepted : Oct. 21, 2019
  • Posted: Oct. 21, 2019
  • Argued: March 31, 2020
  • Decided: June 29, 2020

A-18/19-19 State v. Mark Jackson; State v. Jamie Monroe (083286)

Did the State’s acquisition of recorded inmate telephone calls pursuant to a grand jury subpoena violate the New Jersey Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-1 to -37?



Leave to appeal granted
Posted
Argued
Decided
Watch the 
  • Leave to appeal granted : Oct. 21, 2019
  • Posted: Oct. 21, 2019
  • Argued: March 17, 2020
  • Decided: April 1, 2020

A-17-19 State v. Rahsjahn Courtney (082857)

Under the circumstances presented, did N.J.S.A. 2C:35-12 preclude the court from imposing a lesser sentence than provided for in the plea agreement?



Certification granted
Posted
Argued
Decided
Watch the 
  • Certification granted : Oct. 21, 2019
  • Posted: Oct. 21, 2019
  • Argued: April 28, 2020
  • Decided: July 7, 2020

A-16-19 Carol Crispino v. Township of Sparta (083171)

Among other issues, was it just and fair for the Township to impose a special assessment to rehabilitate a dam owned by a private beach club on non-members of the club?



Certification granted
Posted
Argued
Decided
Watch the 
  • Certification granted : Oct. 21, 2019
  • Posted: Oct. 21, 2019
  • Argued: March 16, 2020
  • Decided: July 22, 2020

A-15-19 Fraternal Order of Police, Newark Lodge No. 12 v. City of Newark (083197)

Does Newark’s ordinance creating a civilian complaint review board with the authority to issue subpoenas and investigate complaints of alleged police misconduct violate N.J.S.A. 40A:14-118, the Attorney General Guidelines on Internal Affairs Policy and Procedures under N.J.S.A. 40A:14-181, or police officers’ due process rights?



Certification granted
Posted
Argued
Decided
Watch the 
  • Certification granted : Oct. 21, 2019
  • Posted: Oct. 21, 2019
  • Argued: April 27, 2020
  • Decided: Aug. 19, 2020

A-14-19 Township of Manalapan v. Anthony Gentile (083137)

In this condemnation action concerning property zoned for three-acre lots, was the Township entitled to a hearing to determine whether a zoning change was reasonably probable before defendants’ expert testified that the highest and best use of the property was half-acre lots?



Certification granted
Posted
Argued
Decided
Watch the 
  • Certification granted : Oct. 10, 2019
  • Posted: Oct. 11, 2019
  • Argued: Feb. 4, 2020
  • Decided: June 2, 2020

A-13-19 Oasis Therapeutic Life Centers, Inc. v. Peter G. Wade (082343)

Did plaintiff’s complaint, which alleged that defendants interfered with plaintiff’s efforts to purchase a property for use as a group home for individuals with autism, plead an actionable claim under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49?

  • Certification granted : Oct. 10, 2019
  • Posted: Oct. 11, 2019
  • Dismissed by Order : July 13, 2020

A-12-19 Libertarians for Transparent Government v. New Jersey State Police (083079)

Does section ten of the Open Public Records Act, N.J.S.A. 47:1A-10, require disclosure of the name of a state trooper listed in the Office of Professional Standard’s annual report to the Legislature as having been terminated for misconduct?

  • Certification granted : Oct. 10, 2019
  • Posted: Oct. 11, 2019
  • Dismissed by Order : July 13, 2020

A-11-19 State v. Michael A. Jackson (082735)

Were defendant’s Confrontation Clause rights violated when the court restricted his cross-examination of a co-conspirator about the sentencing exposure the co-conspirator avoided by pleading guilty and testifying against defendant?



Certification granted
Posted
Argued
Decided
Revised
Watch the 
  • Certification granted : Oct. 10, 2019
  • Posted: Oct. 11, 2019
  • Argued: March 31, 2020
  • Decided: July 2, 2020
  • Revised : July 20, 2020

A-9/10-19 Estate of Brandon Tyler Narleski v. Nicholas Gomes (083169)

Does an adult who is under the legal drinking age owe injured parties a duty under the common law to desist from facilitating drinking by underage adults in his or her place of residence?



Certification granted
Posted
Argued
Decided
Watch the 
  • Certification granted : Oct. 10, 2019
  • Posted: Oct. 11, 2019
  • Argued: March 30, 2020
  • Decided: Sept. 17, 2020