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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-29-15 J.I. v. New Jersey State Parole Board (076442) Does a special condition of Community Supervision for Life that forbids a convicted sex offender from accessing any "Internet capable device" and from all access to the Internet violate the state or federal Constitutions?
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A-28-15 Andrew McCarrell v. Hoffmann-La Roche, Inc (076524) Should the timeliness of plaintiff's products liability claim be assessed under New Jersey law, which allows for the equitable tolling of statutes of limitations under discovery rule principles, or the law of plaintiff's state of residence, which disallows such tolling?
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A-27-15 Allstate Insurance Company v. Northfield Medical Center P.C (076069) Under the circumstances presented, did plaintiff show by a preponderance of the evidence that defendants knowingly violated the Insurance Fraud Prevention Act?
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A-26-15 Lawrence J. Dalton v. Shanna Lynn Corporation (070737) If the Department of Environmental Protection fails to take action, does a plaintiff who has not expended investigative or remedial costs have standing under the Environmental Rights Act (ERA) to enforce the provisions of the Spill Act?
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Under the circumstances presented, was this a valid assignment of rights under various insurance policies?
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A-15-15 Patricia Gilleran v. Township of Bloomfield (076114) Does the Open Public Records Act require the Township to disclose video recordings from a security camera surveilling the back of the Township's municipal building (i.e., Town Hall)?
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A-13/14-15 Cypress Point Condominium Association, Inc. v. Adria Towers, LLC (076348) In this dispute regarding insurance coverage under a general contractor's commercial general liability policy, do these damages constitute "property damage" and an "occurrence" where subcontractors' defective work caused consequential damages to the common areas of a condominium complex and to the unit owners' property?
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A-12-15 State v. James Legette (076124) Was it permissible for this police officer to accompany the suspect into his apartment to obtain his identification, and thereafter to seize a firearm, under the circumstances presented?
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A-11-15 State v. Al-Sharif Scriven (075682) Did the officer have a justifiable basis for stopping this vehicle for suspected violation of the high beam statute, N.J.S.A. 39:3-60?
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A-10-15 Lamar Williams v. American Auto Logistics (076004) Under the circumstances presented, was appellant denied his right to a jury trial on his Special Civil complaint seeking compensatory damages?
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A-9-15 State v. Tawian Bacome (075953) Under the circumstances presented, was defendant's passenger lawfully ordered out of the vehicle that defendant was driving?
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A-8-15 State v. Michael Cawley (075915) Was the DNA evidence properly admitted under the inevitable discovery doctrine; and was it permissible for the prosecutor to use, for impeachment purposes, defendant's prior statements that were secured in violation of his constitutional rights?
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A-7-15 State v. Patrick McFarlane (075938) Was defendant's sentence, imposed following his trial and conviction for first-degree murder, excessive and the result of an improper assessment of sentencing factors?
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A-6-15 Rosenthal & Rosenthal, Inc. v. Vanessa Benun (076266) In this foreclosure action involving two creditors, did the mortgage secured by respondent in 2007 have priority over appellant's two earlier, recorded mortgages, where appellant continued to make optional advances to the mortgagor after having actual notice of respondent's mortgage?
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A-5-15 State v. Xiomara Gonzales (075911) Were the drugs seized from defendant's vehicle admissible under the plain view exception to the warrant requirement?
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A-4-15 State in the Interest of N.H (076316) In this juvenile matter, where seventeen-year-old N.H. was charged with offenses which, if committed by an adult, would constitute purposeful and knowing murder and unlawful possession of a weapon, is N.H. entitled to full and complete discovery of the State's file in advance of the hearing on waiver to adult court, pursuant to N.J.S.A. 2A:4A-26e?
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A-3-15 State v. Dennis Welch (073976) Is this indigent defendant entitled to representation by the Office of Public Defender on his petition for certification to the Supreme Court of New Jersey?
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A-2-15 State v. Charles Bryant, Jr. (075958) Was the protective sweep of defendant's residence lawful under the circumstances presented?
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A-1-15 Brian Royster v. New Jersey State Police (075926) Were defendants entitled to immunity on plaintiff's failure to accommodate claim under the American's with Disabilities Act; and did these defendants waive that immunity?
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A-73-14 Brenda Ann Schwartz v. Accuratus Corporation (076195) Does the premises liability rule set forth in Olivo v. Owens-Illinois, Inc., 186 N.J. 394 (2006), extend beyond providing a duty of care to the spouse of a person exposed to toxic substances on the landowner's premises, and, if so, what are the limits on that liability rule and the associated scope of duty?
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