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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-1-14 Gold Medal Bakery, Inc. v. Super Bread II Corp. (074472)

In the context of this suit alleging fraud and seeking to pierce the corporate veil, should a protective order be issued prohibiting inquiry into the immigration status of the owner and president of a corporate defendant?

  • Leave to appeal granted : Sept. 9, 2014
  • Posted: Sept. 9, 2014
  • Dismissed by stipulation of the parties : July 28, 2015

A-118-13 State v. David Bass (072669)

Were the defendant’s state or federal confrontation rights violated by the testimony of an assistant medical examiner who referenced the findings of an autopsy that had been performed by a now-deceased medical examiner?



Certification granted
Posted
Argued
Decided
Watch the 
  • Certification granted : Aug. 6, 2014
  • Posted: Aug. 7, 2014
  • Argued: Oct. 13, 2015
  • Decided: March 7, 2016

A-117-13 K.G. v. M.S. (074527)

In the context of an uncontested custody action seeking factual findings that will serve as a basis for Special Immigrant Juvenile status under the Federal Immigration and Nationality Act, U.S.C. § 1101-1537, did the lower courts err in determining that the petitioner had not established that "reunification with one or both of the immigrant's parents is not viable"?



Certification granted
Posted
Argued
Decided
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  • Certification granted : July 28, 2014
  • Posted: July 28, 2014
  • Argued: April 24, 2015
  • Decided: Aug. 26, 2015

A-116-13 Torres v. Pabon (074307)

Among other issues related to the trial of this personal injury matter, did defendant's failure to testify justify an adverse inference charge (State v. Clawans, 38 N.J. 20162 (1962)), under the circumstances presented?



Certification granted
Posted
Argued
Decided
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  • Certification granted : July 28, 2014
  • Posted: July 28, 2014
  • Argued: Nov. 10, 2015
  • Decided: June 1, 2016

A-115-13 State v. Richard Willis (073908)

Under the circumstances presented, was testimony of defendant's prior act of sexual assault admissible in this sexual assault trial, pursuant to N.J.R.E. 404(b), to prove defendant's intent?



Certification granted
Posted
Argued
Decided
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  • Certification granted : July 28, 2014
  • Posted: July 28, 2014
  • Argued: Oct. 7, 2015
  • Decided: May 11, 2016

A-114-13 H.S.P. v. J.K. (074241)

In the context of an uncontested custody action seeking factual findings that will serve as a basis for Special Immigrant Juvenile status under the Federal Immigration and Nationality Act, U.S.C. § 1101-1537, did the lower courts err in determining that the petitioner had not established that "reunification with one or both of the immigrant's parents is not viable"?



Certification granted
Posted
Argued
Decided
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  • Certification granted : July 28, 2014
  • Posted: July 28, 2014
  • Argued: April 14, 2015
  • Decided: Aug. 26, 2015

A-113-13 Morris County Improvement Auth. & Somerset County Improvement Auth. v. Power Partners Mastec, LLC (072838)

Under the circumstances presented, were defendant's municipal mechanics' liens, filed pursuant to the Municipal Mechanics' Lien Law (N.J.S.A. 2A:44 128), barred by the County Improvement Authorities Law (N.J.S.A. 40:37A 127), and were defendant's construction liens, filed pursuant to the Construction Lien Law (N.J.S.A. 2A:44A 2), viable pursuant to that statute?

  • Certification granted : July 28, 2014
  • Posted: July 28, 2014
  • Dismissed by stipulation of the parties : May 22, 2015

A-112-13 State v. Howard Jones (073827)

In this case involving a show-up identification shortly after the defendant allegedly exposed himself to the victim, did the Appellate Division properly apply the factors established in Manson v. Brathwaite, 432 U.S. 98, 12014, 97 S.Ct. 2243, 53 L.Ed. 2d 20140 (1977), to conclude that the victim's identification was not impermissibly suggestive?



Certification granted
Posted
Argued
Decided
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  • Certification granted : July 28, 2014
  • Posted: July 28, 2014
  • Argued: Sept. 16, 2015
  • Decided: Jan. 20, 2016

A-111-13 State v. Thomas Shannon (074315)

When police make an arrest in good-faith reliance on a seemingly valid arrest warrant, must evidence arising from a search incident to the arrest be suppressed if the warrant is later discovered to be invalid due to a clerical error?



Leave to appeal granted
Posted
Argued
Decided
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  • Leave to appeal granted : July 18, 2014
  • Posted: July 21, 2014
  • Argued: April 27, 2015
  • Decided: Aug. 19, 2015

A-110-13 Anthony C. Major v. Julie Maguire (074345)

When adjudicating an application for grandparent visitation, under what circumstances must the trial court follow the procedural guidelines articulated in the Appellate Division's recent decision, R.K. v. D.L., Jr., 434 N.J. Super. 113 (App. Div. 2014)?



Certification granted
Posted
Argued
Decided
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  • Certification granted : July 18, 2014
  • Posted: July 21, 2014
  • Argued: Sept. 17, 2015
  • Decided: Jan. 12, 2016

A-109-13 Department of Children and Families v. E.D.-O. (07392016)

Did a parent fail to exercise the minimum degree of care required by N.J.S.A. 9:6-8.21(c)(4)(b) when she left her nineteen-month-old child unattended in a motor vehicle while she entered a nearby store?



Certification granted
Posted
Argued
Decided
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  • Certification granted : July 18, 2014
  • Posted: July 21, 2014
  • Argued: April 27, 2015
  • Decided: Aug. 20, 2015

A-108-13 State v. R.P. (073796)

Having determined that defendant’s conviction for first-degree aggravated sexual assault had to be vacated, was the Appellate Division required to mold the verdict to second-degree sexual assault under the circumstances presented?



Certification granted
Posted
Argued
Decided
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  • Certification granted : July 10, 2014
  • Posted: July 11, 2014
  • Argued: Sept. 16, 2015
  • Decided: Dec. 14, 2015

A-107-13 State v. Eugene C. Baum (073056)

Did the jury instruction on mental disease or defect effectively negate the diminished capacity defense by blending the law on self-induced intoxication and mental disease or defect?



Certification granted
Posted
Argued
Decided
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  • Certification granted : July 3, 2014
  • Posted: July 3, 2014
  • Argued: Nov. 10, 2015
  • Decided: Feb. 8, 2016

A-105/106-13 State v. William Roseman and Lori Lewin (073674)

Under the circumstances presented, should defendants have been permitted to apply for pretrial intervention (PTI) near the eve of trial, and, if so, was there a sufficient basis to admit defendants to PTI over the prosecutor’s objection?



Certification granted
Posted
Argued
Decided
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  • Certification granted : June 23, 2014
  • Posted: June 25, 2014
  • Argued: March 2, 2015
  • Decided: June 18, 2015

A-104-13 Thomas DeMarco v. Sean Robert Stoddard, D.PM. (073949)

Where a medical malpractice insurance policy is voided based on a fraudulent application, must the issuer of the voided policy pay liability claims of third parties, and, if so, what is the amount of coverage?



Leave to appeal granted
Posted
Argued
Decided
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  • Leave to appeal granted : June 23, 2014
  • Posted: June 25, 2014
  • Argued: April 27, 2015
  • Decided: Dec. 1, 2015

A-103-13 Juan Soto v. Peter Bednarczuk (074125)

Did plaintiff’s inability to locate and serve defendant present exceptional circumstances to warrant vacating the administrative dismissal of his claims for lack of prosecution?



Certification granted
Posted
Argued
Dismissed as improvidently granted
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  • Certification granted : June 23, 2014
  • Posted: June 25, 2014
  • Argued: April 28, 2015
  • Dismissed as improvidently granted : May 11, 2015

A-102-13 IMO the Revocation of the Access of Block #613, Lots #4 & 5, Township of Toms River (074011)

Under the circumstances presented, did the New Jersey Department of Transportation’s plan for proposed road improvements deny this commercial property owner reasonable access to its property?

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  • Certification granted : June 23, 2014
  • Posted: June 25, 2014
  • Argued: Sept. 17, 2015
  • Decided: Jan. 14, 2016

A-101-13 John Ross v. Karen A. Lowitz (074200)

Where leaking oil migrated onto plaintiff’s property, did plaintiff have a viable nuisance action against his neighbor based on the neighbor’s failure to mitigate the contamination within a reasonable amount of time, and, where the neighbor’s insurance companies acknowledged an obligation to clean up plaintiff’s land, should plaintiff have been considered a third party beneficiary of the insurance contract?



Certification granted
Posted
Argued
Decided
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  • Certification granted : June 23, 2014
  • Posted: June 25, 2014
  • Argued: March 17, 2015
  • Decided: Aug. 6, 2015

A-100-13 N.J. Dep’t of Labor & Workforce Dev. v. Crest Ultrasonics (073874)

Does N.J.S.A. 34:8B-1, which restricts employers from publishing job advertisements stating that applicants must be currently employed in order for their applications to be accepted, considered, or reviewed, infringe on employers’ freedom of speech rights under the federal and state constitutions?

  • Appeal as of right
  • Posted: June 25, 2014
  • Dismissed by stipulation of the parties : March 6, 2015

A-99-13 Janice J. Prioleau v. Kentucky Fried Chicken, Inc .

Under the circumstances presented in this personal injury action, did defendants’ business practice or “mode of operation" create the hazardous condition (i.e., a wet floor) such that plaintiff was relieved of proving that defendants had actual or constructive notice of the condition?



Appeal as of right (Appellate Division dissent)
Posted
Argued
Decided
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  • Appeal as of right (Appellate Division dissent) : June 25, 2014
  • Posted: June 25, 2014
  • Argued: March 17, 2015
  • Decided: Sept. 28, 2015