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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-76-20 Crystal Point Condominium Association, Inc. v. Kinsale Insurance Company (085606)

Does the direct action statute, N.J.S.A. 17:28-2, apply, and is plaintiff bound by the mandatory arbitration provision in the underlying insurance contract?



Certification granted
Posted
Argued
Decided
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  • Certification granted : July 16, 2021
  • Posted: July 16, 2021
  • Argued: Jan. 3, 2022
  • Decided: July 18, 2022

A-75-20 State v. Rashaun Bell (084657)

If a single accident results in more than one death, does the rule of multiplicity prohibit charging a defendant for multiple counts of leaving the scene of an accident resulting in the death of another person, N.J.S.A. 2C:11-5.1?



Certification granted
Posted
Argued
Decided
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  • Certification granted : July 9, 2021
  • Posted: July 12, 2021
  • Argued: Jan. 19, 2022
  • Decided: May 16, 2022

A-74-20 Robert Sipko v. Koger, Inc. (085022)

Under the circumstances presented, is a remand required to reconsider the valuation of Koger Distributed Solutions, Inc., and Koger Professional Services, Inc.?



Certification granted
Posted
Argued
Decided
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  • Certification granted : July 9, 2021
  • Posted: July 12, 2021
  • Argued: Jan. 3, 2022
  • Decided: June 23, 2022

A-73-20 Sundiata Acoli v. New Jersey State Parole Board (083980)

Was the parole board’s determination that there was a substantial likelihood that Sundiata Acoli would commit a crime if released on parole arbitrary, capricious, or unreasonable?



Appeal as of right (Appellate Division dissent)
Posted
Argued
Decided
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  • Appeal as of right (Appellate Division dissent) : June 7, 2021
  • Posted: June 7, 2021
  • Argued: Jan. 31, 2022
  • Decided: May 10, 2022

A-72-20 State v. William A. Gerena (085359)

Was the testimony from a police officer and a lay witness estimating the heights and ages of children that they observed near defendant in a public park admissible in this criminal trial in which defendant was charged with offenses that include as a statutory element that one of the children be under the age of thirteen?



Certification granted
Posted
Argued
Decided
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  • Certification granted : June 4, 2021
  • Posted: June 4, 2021
  • Argued: Nov. 29, 2021
  • Decided: Dec. 30, 2021

A-71-20 Graphnet, Inc. v. Retarus, Inc. (085529)

Under the circumstances presented, is plaintiff entitled to a new trial on nominal damages?



Certification granted
Posted
Argued
Decided
Revised
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  • Certification granted : June 4, 2021
  • Posted: June 4, 2021
  • Argued: Nov. 30, 2021
  • Decided: Feb. 11, 2022
  • Revised : July 6, 2022

A-70-20 Troy Haviland v. Lourdes Medical Center of Burlington County, Inc. (085419)

Does the Affidavit of Merit Statute, N.J.S.A. 2A:53A-26 to -29, require an affidavit of merit when a plaintiff’s sole claim against a health care facility is vicarious liability based on the alleged medical negligence of an employee against whom no affidavit of merit is required?



Certification granted
Posted
Argued
Decided
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  • Certification granted : June 4, 2021
  • Posted: June 4, 2021
  • Argued: Jan. 31, 2022
  • Decided: April 12, 2022

A-68/69-20 Diane S. Lapsley v. Township of Sparta (085422)

Were petitioner’s injuries, which resulted when she was struck by a snowplow driven by a Township employee as she was walking after work in a parking lot used by Township employees, compensable pursuant to the Workers’ Compensation Act, particularly under the premises rule, N.J.S.A. 34:15-36?



Certification granted
Posted
Argued
Decided
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  • Certification granted : June 4, 2021
  • Posted: June 4, 2021
  • Argued: Nov. 8, 2021
  • Decided: Jan. 18, 2022

A-67-20/A-37-21 State v. Quinnizel J. Clark (085271)

Did the cumulative effect of errors deprive defendant of a fair trial?



Appeal as of right (Appellate Division dissent)
Posted
Argued
Reargued
Decided
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  • Appeal as of right (Appellate Division dissent) : May 26, 2021
  • Posted: May 26, 2021
  • Argued: Jan. 18, 2022
  • Reargued: March 28, 2022
  • Decided: June 29, 2022

A-66-20 Horizon Blue Cross Blue Shield of New Jersey v. Speech & Language Center, LLC (085263)

Is the clause in the settlement agreement, which provides that settlement payments are non-dischargeable in bankruptcy, void as against public policy in New Jersey?



Certification granted
Posted
Argued
Dismissed as improvidently granted
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  • Certification granted : May 25, 2021
  • Posted: May 26, 2021
  • Argued: Nov. 30, 2021
  • Dismissed as improvidently granted : Dec. 7, 2021

A-65-20 State v. Samuel Ryan (085165)

Can an offense committed as a juvenile serve as a predicate offense for imposition of a sentence of life without parole under N.J.S.A. 2C:43-7.1(a), known as the “Three Strikes Law”?



Certification granted
Posted
Argued
Decided
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  • Certification granted : May 21, 2021
  • Posted: May 21, 2021
  • Argued: Nov. 29, 2021
  • Decided: Feb. 7, 2022

A-64-20 Kathleen M. Moynihan v. Edward J. Lynch (085157)

Among other issues in this palimony action, is the written agreement between the parties unenforceable due to the 2010 amendment to the Statute of Frauds, N.J.S.A. 25:1-5(h)?



Certification granted
Posted
Argued
Decided
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  • Certification granted : May 21, 2021
  • Posted: May 21, 2021
  • Argued: Nov. 29, 2021
  • Decided: March 8, 2022

A-63-20 Victoria Crisitello v. St. Theresa School (085213)

In this matter concerning the termination of plaintiff, a teacher, was defendant entitled to summary judgment under the New Jersey Law Against Discrimination and the ministerial exception of the First Amendment?



Certification granted
Posted
Argued
Decided
Revised
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  • Certification granted : May 21, 2021
  • Posted: May 21, 2021
  • Argued: April 24, 2023
  • Decided: Aug. 14, 2023
  • Revised : Aug. 14, 2023

A-61/62-20 Thomas J. Stewart v. New Jersey Turnpike Authority/Garden State Parkway (085416)

Did plaintiffs establish the requisite elements to impose liability against a public entity and its general contractor under the Tort Claims Act?



Certification granted
Posted
Argued
Decided
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  • Certification granted : May 21, 2021
  • Posted: May 21, 2021
  • Argued: Nov. 8, 2021
  • Decided: Feb. 9, 2022

A-60-20 State v. Ashley D. Bailey (085342)

Were the text messages exchanged between defendant and her spouse admissible under the crime-fraud exception to the marital privilege, N.J.R.E. 509(2)(e), when those text messages were exchanged prior to adoption of the crime-fraud exception?



Certification granted
Posted
Argued
Decided
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  • Certification granted : May 14, 2021
  • Posted: May 14, 2021
  • Argued: Jan. 19, 2022
  • Decided: June 21, 2022

A-59-20 Hamid Harris v. City of Newark (085028)

Is a trial court order denying qualified immunity under the New Jersey Civil Rights Act, N.J.S.A. 10:6-2, immediately appealable to the Appellate Division as of right, notwithstanding the absence of a final judgment?



Certification granted
Posted
Argued
Decided
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  • Certification granted : May 14, 2021
  • Posted: May 14, 2021
  • Argued: Nov. 30, 2021
  • Decided: March 30, 2022

A-58-20 Richard Rivera v. Union County Prosecutor’s Office (084867)

Are the police department internal affairs reports at issue subject to disclosure under the Open Public Records Act and the common law right of access?



Certification granted
Posted
Argued
Decided
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  • Certification granted : May 14, 2021
  • Posted: May 14, 2021
  • Argued: Jan. 4, 2022
  • Decided: March 14, 2022

A-57-20 John C. Sullivan v. Max Spann Real Estate & Auction Co. (085225)

Do real estate auction sales contracts prepared by attorneys, licensed real estate brokers, or salespersons need to contain the three-day attorney review clause mandated by N.J. State Bar Ass’n v. N.J. Ass’n of Realtor Boards, 93 N.J. 470 (1983), when a blank, pre-printed contract is sent to the bidder prior to the auction of a single family home and recommends that an attorney review the contract?



Appeal as of right (Appellate Division dissent)
Posted
Argued
Decided
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  • Appeal as of right (Appellate Division dissent) : May 7, 2021
  • Posted: May 7, 2021
  • Argued: Nov. 9, 2021
  • Decided: June 9, 2022

A-56-20 State v. Wildemar A. Dangcil (085665)

Is the hybrid-virtual jury selection procedure adopted in response to the COVID-19 pandemic, under which certain aspects of the jury selection process are conducted remotely, constitutionally sound?


Note: This matter has been accelerated by order of the Court, and a peremptory briefing schedule is imposed. Any motion for leave to appear as amicus curiae shall be served and filed with the proposed amicus brief on or before 5/27/2021. For information about submitting an amicus filing, please call the Clerk’s Office at 609-815-2955. No further submissions shall be accepted unless requested by the Court.


Certification granted
Posted
Argued
Decided

Note: This matter has been accelerated by order of the Court, and a peremptory briefing schedule is imposed. Any motion for leave to appear as amicus curiae shall be served and filed with the proposed amicus brief on or before 5/27/2021. For information about submitting an amicus filing, please call the Clerk’s Office at 609-815-2955. No further submissions shall be accepted unless requested by the Court.

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  • Certification granted : May 7, 2021
  • Posted: May 7, 2021
  • Argued: June 29, 2021
  • Decided: Aug. 16, 2021

A-54/55-20 Larry Schwartz v. Nicholas Menas, Esq. (085184)

Does the new business rule, which bars damages for the prospective profits of a new business, bar plaintiff’s experts’ reports estimating lost-profit damages from development projects that plaintiffs alleged were thwarted by defendants?



Certification granted
Posted
Argued
Decided
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  • Certification granted : April 16, 2021
  • Posted: April 16, 2021
  • Argued: April 26, 2022
  • Decided: Aug. 17, 2022