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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-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.]
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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?
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A-53-20 State v. Anthony Sims, Jr. (085369) Were the officers required to advise defendant, who was not charged with any offenses at the time, why he was arrested before proceeding with the custodial interrogation, and was the victim’s out-of-court identification of defendant admissible where the victim did not testify at trial? [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 6/7/2021. 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.] Watch the
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A-52-20 Michele Meade v. Township of Livingston (085176) In this action alleging wrongful termination based on gender discrimination in violation of the New Jersey Law Against Discrimination, was plaintiff’s claim sufficient to survive summary judgment?
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A-48/49/50/51-20 Todd B. Glassman v. Steven P. Friedel, M.D. (085273) Does the framework established in Ciluffo v. Middlesex General Hospital, 146 N.J. Super. 476 (App. Div. 1977), which awards a pro tanto credit to successive tortfeasors in medical malpractice cases if the plaintiff settles with the first tortfeasor, remain valid after enactment of the Comparative Negligence Act, N.J.S.A. 2A:15-5.1 to -5.8?
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A-47-20 State v. Laura Gonzalez (085132) Did defendant invoke her right to counsel such that her oral and written statements should have been suppressed and was certain testimony at trial opinion evidence on the ultimate issue of proof of child abuse that invaded the province of the jury?
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A-46-20 Cooper Hospital University Medical Center v. Selective Insurance Company of America (085211) Does Medicare or a private insurance carrier have primary payment responsibility for hospital services for ongoing medical injuries arising out of an accident that occurred prior to enactment of the Medicare Second Payer Statute (MSP), 42 U.S.C. § 1395y(b)? Watch the
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Oral Argument Audio for
Part 1
Watch the
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Oral Argument Audio for
Part 2
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A-45-20 State v. Keith Terres (084778) Was it permissible for the police officers to conduct of a protective sweep of defendant’s residence when an individual was arrested on the front porch?
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A-44-20 State v. Christopher Radel (085129) Was it permissible for the police officers to conduct of a protective sweep of defendant’s residence when he was arrested in his driveway outside the residence?
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A-43-20 State v. James C. Zarate (084516) Did the sentencing court appropriately consider defendant’s youth and was the sentence permissible given that the court did not find that defendant was permanently incorrigible?
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A-42-20 State v. James Comer (084509) Is N.J.S.A. 2C:11-3(b)(1), which mandates a minimum sentence of at least thirty years in prison without parole for murder, unconstitutional as applied to juvenile offenders?
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A-41-20 State v. Bradley C. Thompson (085260) When does the statute of limitations for a criminal offense begin to run under N.J.S.A. 2C:1-6(c) when DNA testing is used to identify the defendant? Watch the
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Oral Argument Audio for
Part 1
Watch the
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Oral Argument Audio for
Part 2
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A-40-20 State v. Jamar J. Myers (082858) Did the officer have a reasonable articulable suspicion to stop the car in which defendant was a passenger?
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A-39-20 State v. Peter Nyema (085146) Did the officer have a reasonable articulable suspicion to stop the car in which defendant was a passenger?
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A-38-20 Fred Walfish v. Northwestern Mutual Life Insurance Company (084836) Does the statutory exception to the New Jersey Unemployment Compensation Act’s definition of “employment” for “[s]ervice performed . . . by agents of insurance companies . . . wholly on a commission basis,” N.J.S.A. 43:21–19(i)(7)(J), apply to determinations of whether workers are employees or independent contractors under New Jersey’s Wage Payment Law?
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A-35/36/37-20 G.C. v. Division of Medical Assistance and Health Services (084417) Does N.J.A.C. 10:72-4.4(d)(1), which renders an applicant ineligible for medical assistance benefits under the NJ Medicaid Aged, Blind, Disabled Program if the applicant’s countable income “exceeds the poverty income guideline for one person,” conflict with the New Jersey Medical Assistance and Health Services Act, N.J.S.A. 30:4D-3(i)(11), or the federal Medicaid statute, 42 U.S.C. § 1396(m)(2)(A)? Watch the
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Oral Argument Audio for
Part 1
Watch the
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Oral Argument Audio for
Part 2
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A-34-20 Libertarians for Transparent Government v. Cumberland County (084956) Is a settlement agreement between a county government and a former employee resolving an internal disciplinary action against the employee a government record under section 10 of the Open Public Records Act, N.J.S.A. 47:1A-10?
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A-33-20 State v. Omar Vega-Larregui (085288) Should the indictment against defendant be dismissed on constitutional grounds, specifically on the basis that it was returned by a Grand Jury proceeding conducted remotely, pursuant to the Virtual Grand Jury Program adopted in response to the COVID-19 pandemic? [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 2/10/2021. Any amicus filings should be sent to the Clerk’s Office by email. 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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M-550-20 In the Matter of the Request to Release Certain Pretrial Detainees (085186) Through this application, the Court considers a request by the Office of the Public Defender and the American Civil Liberties Union of New Jersey that seeks relief relating to the impact of the COVID-19 pandemic and the suspension of in-person criminal jury trials on defendants who have been detained pretrial. Specifically, the applicants seek: (1) the release of all defendants detained for six months or longer whose most serious charge is a second-degree offense or lower, with an opportunity for the State to object in individual cases and seek to justify continued detention under an enhanced burden of proof; and (2) new detention hearings for all defendants detained for six months or longer who are charged with a first-degree offense and entitled to a presumption of release.
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A-32-20 Brenda Gilbert v. Kenyatta K. Stewart, Esq. (084860) In this legal malpractice action, was defendant entitled to summary judgment on the grounds that his breach of the duty of care owed to plaintiff was not the proximate cause of her damages?
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