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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-30-21 Linden Democratic Committee v. City of Linden (086255) Under the Municipal Vacancy Law, N.J.S.A. 40A:16-1 to -23, did the Linden Municipal Council have discretion to keep a seat on the Council vacant until the next general election, rather than appointing one of the three nominees presented by the Linden Democratic Committee to fill the vacant seat?
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A-29-21 James Kennedy, II v. Weichert Co. d/b/a Weichert Realtors (086060) Are commissioned real estate salespersons exempt from the Wage Payment Law by operation of their exclusion from the Unemployment Compensation Law under N.J.S.A. 43:21-19(i)(7)(K), or pursuant to the Real Estate Brokers and Salesmen Act?
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A-28-21 State v. Andre Higgs (085863) Was evidence about past internal affairs investigations into the police officer who shot defendant relevant, were defendant’s prior convictions admissible under N.J.R.E. 609, and was the testimony by a detective who was not present at the scene that the dash-cam video appeared to show a firearm in defendant’s waistband admissible under N.J.R.E. 701? Watch the
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A-25/26/27-21 Miriam Rivera v. The Valley Hospital, Inc. (085992/085993/085994) In this medical malpractice action, were defendants entitled to partial summary judgment on plaintiffs’ claims for punitive damages?
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A-24-21 Norman International, Inc. v. Admiral Insurance Company (086155) Does the "Designated New York Counties Exclusion" in the insurance policy, which excludes coverage for injuries "arising out of, related to, caused by, contributed to by, or in any way connected with" any operations or activities in, as relevant here, Nassau County, New York, apply under the circumstances?
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A-20/21/22/23-21 Elizabeth Hrymoc v. Ethicon, Inc. (085547) Among other issues, in these product liability trials should defendants have been permitted to present evidence that they had obtained "Section 510(k) clearance" from the Food and Drug Administration for their pelvic mesh medical devices?
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A-18/19-21 Dobco, Inc v. Bergen County Improvement Authority (086079) Can a principal of a corporate entity challenge a procurement process if the corporate entity is barred from doing so, and when a county improvement authority is designated as the redevelopment entity under the Local Redevelopment and Housing Law, do the public bidding requirements of the Local Public Contracts Law apply to the county improvement authority’s selection of a redeveloper to serve as general contractor? Watch the
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A-17-21 State v. Rahee Lane (085726) Does mitigating factor fourteen, N.J.S.A. 2C:44-1(b)(14), that the "defendant was under 26 years of age at the time of the commission of the offense," apply retroactively? [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 12/6/2021. Such filings should be efiled with the Clerk’s Office through eCourts Supreme. 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.] Watch the
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Oral Argument Audio for
Part 1
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Oral Argument Audio for
Part 2
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A-16-21 Ann Samolyk v. Dorothy Berthe, III (085946) Does the rescue doctrine, which in some instances permits an injured rescuer to maintain a cause of action against the person whose negligence placed a victim in imminent danger, extend to the rescue of a dog?
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A-15-21 State v. Abayuba Rivas (086051) Did the suppression of defendant’s statement to police for the violation of his right to counsel require the suppression of defendant’s later statements to police, which were made the following day?
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A-13/14-21 State v. Mykal L. Derry; State v. Malik Derry (085795) Should defendants’ motions to dismiss the indictment under N.J.S.A. 2C:1-3(f) and or N.J.S.A. 2C:1-11 have been granted because they were sentenced to life in prison in a related federal case and was the admission of testimony defining slang terminology without the witness being qualified as an expert harmless error?
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A-12-21 State v. F.E.D. (086187) Was defendant eligible for compassionate release under N.J.S.A. 30:4-123.51e? Watch the
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Oral Argument Audio for
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A-8/9/10/11-21 Mack-Cali Realty Corp. v. State of New Jersey (085465) Did the "residency exemption" in Jersey City’s payroll tax violate the Commerce Clause of the United States Constitution?
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A-7-21 East Bay Drywall, LLC v. Department of Labor and Workforce Development (085770) For purposes of liability for contributions to the state unemployment and temporary disability compensation fund, are the company’s service providers employees or independent contractors under the ABC Test, N.J.S.A. 43:21-19(i)(6)(A) to (C)? Watch the
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Oral Argument Audio for
Part 1
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Oral Argument Audio for
Part 2
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A-6-21 State v. William J. Kane (085797) Did the detectives have reasonable articulable suspicion to stop defendant?
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A-5-21 Thomasenia L. Fowler v. Akzo Nobel Chemicals, Inc. (085939) In this action concerning decedent’s mesothelioma, were the jury instructions on defendant’s duty to warn and on medical causation erroneous, requiring reversal of the jury’s verdict in favor of plaintiff?
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A-4-21 State v. David L. Smith (085635) Did the detectives have reasonable articulable suspicion of a motor vehicle offense, namely that defendant’s tinted windows violated the motor vehicle code? [Note: The Court has imposed a peremptory briefing schedule in this matter. Any motion for leave to appear as amicus curiae shall be served and filed with the proposed amicus brief on or before 3/4/2022. Such filings should be submitted to the Clerk’s Office through eCourts Supreme. 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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A-3-21 State v. A.L.A. (085500) Was the court required to tailor the jury instructions for simple assault to explain that not all corporal punishment is simple assault?
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A-2-21 Aleice Jeter v. Sam’s Club (085880) Does the mode-of-operation rule apply to defendant’s sale of grapes?
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A-1-21 State v. Oscar Ramirez (085943) Is defense counsel entitled to the victim’s home address as part of discovery in this criminal prosecution?
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