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Find Supreme Court appeal cases here. 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

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-71/72-14 Richard W. Berg v. Hon. Christopher J. Christie (074612)

Is the State of New Jersey entitled to sovereign immunity with respect to plaintiffs federal Contract Clause claim; and do these public-employee plaintiffs have a contractual right to the payment of cost of living increases?

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  • Certification granted : July 30, 2015
  • Posted: July 31, 2015
  • Argued: March 14, 2016
  • Decided: June 9, 2016

A-70-14 State v. Khalid Mohammed (075901)

Where defense counsel notified the trial court that a juror appeared to be sleeping during the court's final charge, was the court's response to counsel's notification sufficient under the circumstances?

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  • Certification granted : July 20, 2015
  • Posted: July 20, 2015
  • Argued: April 11, 2016
  • Decided: July 25, 2016

A-69-14 Rachel A. Parsons v. Mullica Township Board of Education (075859)

Were defendants, the Board of Education and a registered nurse/certified school nurse, entitled to immunity in this action alleging that they failed to timely notify the minor plaintiff's parents of the results of a vision screening exam?

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  • Leave to appeal granted : July 20, 2015
  • Posted: July 20, 2015
  • Argued: April 12, 2016
  • Decided: Aug. 17, 2016

A-68-14 State v. Michael Cushing (073925)

Under the circumstances presented, did defendant's family member(s) have actual or apparent authority to consent to a warrantless search of defendant's bedroom closet?

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  • Certification granted : July 20, 2015
  • Posted: July 20, 2015
  • Argued: Feb. 29, 2016
  • Decided: Aug. 3, 2016

A-67-14 Berman, Sauter, Record & Jardim, P.C. v. Art Robinson (075583)

In this attorney malpractice action, was it proper for the Appellate Division to raise the issue of the propriety of the trial judge's participation, and to vacate and remand the trial court's order on that basis?

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  • Certification granted : July 20, 2015
  • Posted: July 20, 2015
  • Argued: March 1, 2016
  • Decided: March 8, 2016

A-66-14 State v. William Haas (075834)

In this matter involving defendant's third conviction for driving while intoxicated, was defendant entitled to jail credits for the 149-days that he was restricted to his home (with limited exceptions) as a condition of a stay of his custodial sentence?

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  • Certification granted : July 20, 2015
  • Posted: July 20, 2015
  • Argued: April 12, 2016
  • Dismissed as improvidently granted : April 13, 2016

A-65-14 State v. Rafael Gonzalez-Santana (075150)

Should co-defendant's testimony at the sppression hearing, or any part thereof, have been admitted at defendant's trial as a statement against interest; and should defendant have been allowed to inform the jury of that co-defendant's flight?

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  • Certification granted : June 19, 2015
  • Posted: June 22, 2015
  • Argued: April 26, 2016
  • Dismissed as improvidently granted : May 5, 2016

A-64/57-14 Hill International Inc. v. Atlantic City Board of Education (075480)

Did plaintiff fail to comply with the Affidavit of Merit statute (N.J.S.A. 2A:53A-26 to -29) by not filing an affidavit from a "like-licensed" professional, and, if so, did plaintiff's failure warrant dismissal of plaintiff's complaint?

  • Leave to appeal granted : April 24, 2015
  • Leave to cross appeal granted : June 19, 2015
  • Posted (original) : April 27, 2015
  • Posted: June 19, 2015
  • Dismissed by Order : March 18, 2016

A-63-14 IE Test, LLC v. Kenneth Carroll (075842)

Did the trial court properly expel defendant from membership in this limited liability company, pursuant to the Limited Liability Company Act, N.J.S.A. 42:2B-1 to -70 (the LLCA), under the circumstances presented?

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  • Certification granted : June 19, 2015
  • Posted: June 19, 2015
  • Argued: Feb. 2, 2016
  • Decided: Aug. 2, 2016

A-62-14 John J. Robertelli v. The New Jersey Office of Attorney Ethics (075584)

Does the Director of the Office of Attorney Ethics have the authority to proceed with a grievance after a District Ethics Committee Secretary (with concurrence by a designated public member) has declined a grievance, pursuant to Rule 1:20-3(e)(3)?

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  • Certification granted : June 19, 2015
  • Posted: June 19, 2015
  • Argued: Feb. 1, 2016
  • Decided: April 19, 2016

A-61-14 State v. Gary Lunsford (075691)

Under the circumstances presented, was law enforcement required to secure a search warrant, rather than relying on a grand jury subpoena, to obtain cellular telephone billing records?

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  • Leave to appeal granted : June 5, 2015
  • Posted: June 9, 2015
  • Argued: Feb. 29, 2016
  • Decided: Aug. 1, 2016

A-60-14 I.M.O. the Application for the Forfeiture of Personal Weapons & Firearms Identification Card Belonging to F.M (074964)

Was F.M. entitled to the return of his weapons and firearm purchaser identification (FPI) card under the circumstances presented?

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  • Certification granted : May 22, 2015
  • Posted: May 26, 2015
  • Argued: March 1, 2016
  • Decided: April 30, 2016

A-59-14 State v. Rodney Alston (075461)

Should the evidence recovered from defendant’s impounded vehicle have been suppressed under the circumstances presented?

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  • Certification granted : May 8, 2015
  • Posted: May 11, 2015
  • Argued: Jan. 19, 2016
  • Dismissed as improvidently granted : April 20, 2016

A-58-14 State v. Scott Robertson (075326)

In the context of DWI matters, what standard governs the court’s analysis of a motion to stay a license suspension?

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  • Certification granted : April 30, 2015
  • Posted: April 30, 2015
  • Argued: Feb. 1, 2016
  • Reargued: Sept. 26, 2016
  • Decided: March 8, 2017

A-57/64-14 Hill International Inc. v. Atlantic City Board of Education (075480)

  • Leave to appeal granted : April 24, 2015
  • Posted: April 27, 2015
  • Leave to cross-appeal granted : June 19, 2015
  • Posted (cross-appeal) : June 19, 2015
  • Dismissed : March 18, 2016

A-56-14 In re: Reglan Litigation (075269)

Are plaintiffs’ failure-to-warn claims against manufacturers of a generic prescription drug preempted by federal law?

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  • Leave to appeal granted : April 24, 2015
  • Posted: April 27, 2015
  • Argued: April 11, 2016
  • Decided: Aug. 22, 2016

A-55-14 Christopher Burgos v. State of New Jersey (075736)

In these consolidated matters challenging the State’s failure to make the full payment into the public pension funds for FY 2015, as required by N.J.S.A. 43:3C-9.5 ("Chapter 78"), did the trial court correctly conclude that the reduction of the State’s contributions violated plaintiffs’ constitutionally-protected contractual rights, that the State’s justification for that violation was inadequate, and that neither Chapter 78 nor the trial court’s adjudication of the matter, including remedy, conflicted with constitutional provisions including the Debt Limitation Clause, the Appropriations Clause, and the Governor’s line-item veto authority?

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  • Leave to appeal granted : April 6, 2015
  • Posted: April 7, 2015
  • Argued: May 6, 2015
  • Decided: June 9, 2015

A-54-14 Republic Services of New Jersey L.L.C. v. Mercer County Improvement Authority (075307)

In this competitive bidding dispute, did the opinion letter from plaintiff-bidder’s counsel constitute a material deviation from the bid specifications, thereby authorizing defendant to reject the bid?

  • Certification granted : April 2, 2015
  • Posted: April 2, 2015
  • Dismissed as improvidently granted : July 20, 2015

A-53-14 Mortgage Grader, Inc. v. Ward & Olivo, LLP (075310)

Does a partner in a law firm practicing as a limited liability partnership lose liability protection if the partnership fails to maintain professional liability insurance, as required by Rule 1:21-1C(a)(3)?

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  • Leave to appeal granted : March 27, 2015
  • Posted: March 30, 2015
  • Argued: Feb. 1, 2016
  • Decided: June 23, 2016

A-52-14 Sundiata Acoli v. New Jersey State Parole Board (075308)

Under the circumstances presented, was the Appellate Division required to remand for a hearing before the full Parole Board prior to ordering the release on parole of an inmate incarcerated for murder?

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  • Certification granted : March 27, 2015
  • Posted: March 30, 2015
  • Argued: Oct. 13, 2015
  • Decided: Feb. 23, 2016