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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-26/27-17 In re: Accutane Litigation (079933) Was plaintiffs’ evidence regarding a failure to warn sufficient to overcome the presumption of adequacy afforded by the Products Liability Act for an FDA-approved warning; and what is the appropriate resolution of the choice-of-law issues?
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A-25-17 In re: Accutane Litigation (079958) Did the trial court err in barring as scientifically unreliable the testimony of the plaintiffs’ expert witnesses?
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A-23-17/A-24-17 State v. William D. Brown / State v. Nigil J. Dawson (079553/079556) Among other evidentiary issues, did the trial court err: when it allowed a witness to testify regarding the victim’s dying declaration under N.J.R.E. 804(b)(2); and when it refused to allow defense counsel to question a police officer about information included in the officer’s search-warrant affidavit?
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A-22-17 State v. Leo C. Pinkston (080118) In this criminal justice reform matter, did the trial court abuse its discretion in denying defendant’s request to call certain police officers as “adverse witnesses” at the pretrial detention hearing? [Note: This appeal has been accelerated by order of the Court, and will be calendared for oral argument on the Court’s session of March 12-13, 2018. Should any entity wish to file a motion to participate as amicus curiae, the motion and any proposed brief must be served and filed on or before noon on 01/08/2018. The State and the defendant may file answers to any such amicus motion, together with a proposed response brief to the amicus brief, on or before noon on 02/05/2018. All dates are final. No further submissions shall be accepted unless requested by the Court.]
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Did the Commissions’ implementation of the holding in In re Yucht, No. A-6298-10 (App. Div. Sept. 3, 2013), concerning the payment of additional benefits for certain prior claims, provide adequate notice to potentially affected members?
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A-18/19/20-17 IMO the Expungement of the Arrest/Charge Records of T.B., J.N.-T. & R.C. (079813) In order for Drug Court graduates to have their criminal records expunged, are they required to make a showing that expungement is consistent with the public interest under N.J.S.A. 2C:52-2(c)(3)?
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A-17-17 New Jersey Division of Child Protection and Permanency v. R.L.M. and J.J. (079473) Does a parent have a constitutional right to self-representation in proceedings to terminate parental rights?
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A-16-17 Montclair State University v. County of Passaic and City of Clifton (080084) What is the extent of a local government’s authority over a State university’s plans to construct an on-site roadway that intersects with a county road?
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Was the arbitration clause in this home appliance service agreement unenforceable under Atalese v. U.S. Legal Servs. Grp., L.P., 219 N.J. 430 (2014), for failure to provide the purchaser with adequate notice that she was relinquishing her right to bring a consumer fraud claim in court?
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A-13/14-17 Joshua Haines v. Jacob W. Taft; Tuwona Little v. Jayne Nishimura (079600) Does N.J.S.A. 39:6A-12 preclude a plaintiff from recovering medical expenses above those collectible or paid under an insured’s PIP provision in a standard automobile insurance policy, including medical expenses exceeding any elected PIP option allowed pursuant to N.J.S.A. 39:6A-4.3(d)?
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A-12-17 In the Matter of William R. Hendrickson, Jr (079885) What is the appropriate standard of appellate review of a final agency decision when the initial decision of the administrative law judge is “deemed adopted” as the final agency decision pursuant to N.J.S.A. 52:14B-10(c) when the agency lacked a quorum to act?
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A-11-17 State v. Ibnmauric Anthony (079344) Is defendant entitled to a new trial based on the police officer’s failure to record verbatim the comments of the witness while identifying defendant from a photographic array?
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A-10-17 State v. Marina L. Bartlom (079330) Read Appellate Opinion A-0447-15T2 Was defendant deprived of a meaningful opportunity to present a complete defense when the trial court denied her motion to reopen her case (to provide testimony from a prior co-defendant who had been acquitted) and her subsequent motion for a new trial?
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A-9-17 Josh Willner v. Vertical Reality, Inc. (079626) Among other issues, was plaintiff entitled to attorney’s fees and costs from defendant ASCO Numatics, Inc. under the offer of judgment rule, R. 4:58-2, where the liability apportioned to ASCO Numatics, Inc. did not exceed the offer of judgment?
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If JAMS, an independent alternative dispute resolution and third-party neutral services provider, opens an office in New Jersey, must it comply with the Rules of Court and the Rules of Professional Conduct applicable to attorneys engaged in the private practice of law, including RPC 7.5 (governing law firm names), RPC 5.4 (prohibiting shared ownership or fees with non-attorneys), and Rule 1:21-6 (establishing trust and business bank accounts and recordkeeping requirements)?
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A-7-17 State v. Hassan Travis (080020) Does a policy of the Pretrial Services Program that authorizes a recommendation of “release not recommended” for certain offenses, impermissibly expand the categories of “presumptive detention” offenses enumerated in the Criminal Justice Reform Act, particularly in light of Rule 3:4A(b)(5), which provides that a “court may consider as prima facie evidence sufficient to overcome the presumption of release a recommendation by the Pretrial Services Program” not to release defendant pretrial? [Note: This appeal has been accelerated by order of the Court, and will be calendared for oral argument on the Court’s session of November 28-29, 2017. Should any entity wish to file a motion to participate as amicus curiae, the motion and any proposed brief must be served and filed on or before noon on 10/12/17. The State and the defendant may file answers to any such amicus motion, together with a proposed response brief to the amicus brief, on or before noon on 11/2/17. All dates are final. No further submissions, beyond the parties’ supplemental briefs as authorized by the Court’s order, shall be accepted unless requested by the Court.]
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A-6-17 State v. Jonathan Mercedes (079995) Did the trial court commit reversible error in denying the State’s application for defendant’s pretrial detention? [Note: This appeal has been accelerated by order of the Court, and will be calendared for oral argument on the Court’s session of November 28-29, 2017. Should any entity wish to file a motion to participate as amicus curiae, the motion and any proposed brief must be served and filed on or before noon on 10/12/17. The State and the defendant may file answers to any such amicus motion, together with a proposed response brief to the amicus brief, on or before noon on 11/2/17. All dates are final. No further submissions shall be accepted unless requested by the Court.]
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A-5-17 Jaclyn Thompson v. Board of Trustees, Teachers’ Pension and Annuity Fund (079359) Does Patterson v. Bd. of Trs., State Police Ret. Sys., 194 N.J. 29, 34 (2008) require an award of accidental disability benefits to petitioner, a teacher who alleged that she was mentally disabled as a result of three incidents of physical contact at work?
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A-4-17 State v. Danyell Fuqua (079034) Does the offense of second-degree endangering the welfare of a child require a showing that defendant caused the child “actual harm”?
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A-2/3-17 Alexandra Rodriguez v. Wal-Mart Stores, Inc. (079470) Did the admission of testimony by defendant’s expert -- that plaintiff had magnified her symptoms and alleged injuries -- unfairly impugn plaintiff’s credibility and thereby deprive her of a fair trial?
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