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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-74/75-13 State v. Jamil McKinney (073070) Was the trial court’s jury instruction on first-degree robbery improper, and, if so, did it require reversal of defendant’s conviction for armed robbery?
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A-71/72/73-13 Honorable Dana L. Redd v. Vance Bowman (073567) Was this petition-initiated ordinance (which would have required the City of Camden to maintain its municipal police department) invalid, such that it could not be placed on the ballot, because it created an undue restraint on the future exercise of municipal legislative power?
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A-70-13 Allstate New Jersey Ins. Co. v. Gregorio Lajara (073511) Is there is a right to a jury trial in a private action brought under the Insurance Fraud Prevention Act (IFPA), N.J.S.A. 17:33A-1 to -30?
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A-69-13 State v. Dontae Hathaway (073770) Was it proper to suppress evidence of a handgun obtained during a warrantless search of a hotel room under the circumstances of this case, which included, among other things, an unidentified victim’s face-to-face report to hotel security officers that he was robbed at gunpoint on a particular floor of the hotel?
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A-68-13 State v. Ivonne Saavedra (073793) Can defendant be indicted for theft and official misconduct for taking confidential documents from her public employer, North Bergen Board of Education, to support her claims under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49, and the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -2014?
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A-67-13 Citizens United Reciprocal Exchange v. Sabrina A. Perez (073384) Where a basic automobile insurance policy is voided based on a fraudulent application, must the issuer of the voided policy pay liability claims of innocent third parties, and, if so, must those payments comport with the mandatory minimum liability insurance coverage provisions of N.J.S.A. 39:6A-3?
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A-65/66-13 Joel S. Lippman, M.D. v. Ethicon, Inc (073324) Can employees who are responsible for monitoring and reporting on employer compliance with relevant laws and regulations – so-called “watchdog employees" – seek whistleblower protection under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 et seq., and, if so, under what circumstances?
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A-64-13 State v. Ricky Wright (073137) Did the third-party intervention doctrine apply under these circumstances to allow police to search this private residence without a warrant?
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A-63-13 388 Route 22 Readington Realty v. Twp. of Readington (073322) Did the defendant Township have adequate standards to guide it in determining whether to exercise its discretion to reallocate unused sewer rights?
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A-62-13 State v. Julius Smith (073059) Should the trial court have granted defendant’s motion for a mistrial or, alternatively, granted a continuance to allow defendant to investigate the newly discovered evidence revealed during trial?
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A-61-13 State v. Darien Weston (073032) Was defendant’s right to a fair trial violated when the jury was allowed unrestricted access to the videotaped statements of two eyewitnesses during deliberations?
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A-60-13 Terry Kuchera v. Jersey Shore Family Health Center (073483) Does this non-profit community outreach clinic have a charitable or educational purpose entitling it to absolute immunity under N.J.S.A. 2A:53A-7, or is it organized exclusively for hospital purposes and therefore subject to a $250,000 limit on its liability pursuant to N.J.S.A. 2A:53A-8?
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A-59-13 L.A. and The Horace Mann Ins. Co. v. Bd. of Edu. of the City of Trenton (073401) Was there sufficient evidence presented that this employee’s inappropriate contact with a student was not undertaken in the course of his employment such that the Board of Education was not obligated to indemnify the employee for his costs in defending a civil action pursuant to N.J.S.A. 18A:2016-6?
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A-58-13 Joseph Vanderslice v. Harold Stewart (073362) Under the circumstances presented, should the time period for filing a demand for a trial de novo following a non-binding arbitration be relaxed to permit a late filing by the County?
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A-57-13 Kimba Medical Supply v. Allstate Insurance Co. of N.J. (073158) Under the New Jersey Alternative Procedure for Dispute Resolution Act, N.J.S.A. 2A:23A-1 thru -19, and associated personal injury protection (“PIP") regulations, does the trial court have the authority to remand unresolved factual questions to a dispute resolution professional after that court has vacated or modified the professional’s decision?
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A-56-13 State v. Terrell Hubbard (073539) Was it appropriate under the circumstances for the Appellate Division to rely on its independent review of the video recording of defendant’s statement to reverse the trial court’s order suppressing that statement?
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A-55-13 Griepenburg v. Twp. of Ocean (073290) Was the municipality’s rezoning of plaintiffs’ property to an environmentally sensitive land use designation that required minimum lot sizes of 20 acres for residential development arbitrary and capricious?
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Was plaintiffs’ action challenging the municipal redevelopment ordinance time barred and, if not, was the ordinance invalid because of the municipality’s failure to submit an application for approval of the issuance of bonds to the Local Finance Board in the Department of Community Affairs?
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A-53-13 Grabowsky v. Twp. of Montclair (07320142) Were these municipal officials disqualified from voting on this redevelopment ordinance because of their membership in a church located on property that is next to the site to be redeveloped?
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A-52-13 Gnall v. Gnall (073321) Was it appropriate for the Appellate Division to reverse the trial court’s award of limited duration alimony and to remand for consideration of permanent alimony under the circumstances of this case, which included a marriage of fifteen years?
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