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Find Supreme Court appeal cases here. 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

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.

A-56-14 In re: Reglan Litigation (075269)

Are plaintiffs’ failure-to-warn claims against manufacturers of a generic prescription drug preempted by federal law?

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  • Leave to appeal granted : April 24, 2015
  • Posted: April 27, 2015
  • Argued: April 11, 2016
  • Decided: Aug. 22, 2016

A-55-14 Christopher Burgos v. State of New Jersey (075736)

In these consolidated matters challenging the State’s failure to make the full payment into the public pension funds for FY 2015, as required by N.J.S.A. 43:3C-9.5 ("Chapter 78"), did the trial court correctly conclude that the reduction of the State’s contributions violated plaintiffs’ constitutionally-protected contractual rights, that the State’s justification for that violation was inadequate, and that neither Chapter 78 nor the trial court’s adjudication of the matter, including remedy, conflicted with constitutional provisions including the Debt Limitation Clause, the Appropriations Clause, and the Governor’s line-item veto authority?

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  • Leave to appeal granted : April 6, 2015
  • Posted: April 7, 2015
  • Argued: May 6, 2015
  • Decided: June 9, 2015

A-54-14 Republic Services of New Jersey L.L.C. v. Mercer County Improvement Authority (075307)

In this competitive bidding dispute, did the opinion letter from plaintiff-bidder’s counsel constitute a material deviation from the bid specifications, thereby authorizing defendant to reject the bid?

  • Certification granted : April 2, 2015
  • Posted: April 2, 2015
  • Dismissed as improvidently granted : July 20, 2015

A-53-14 Mortgage Grader, Inc. v. Ward & Olivo, LLP (075310)

Does a partner in a law firm practicing as a limited liability partnership lose liability protection if the partnership fails to maintain professional liability insurance, as required by Rule 1:21-1C(a)(3)?

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  • Leave to appeal granted : March 27, 2015
  • Posted: March 30, 2015
  • Argued: Feb. 1, 2016
  • Decided: June 23, 2016

A-52-14 Sundiata Acoli v. New Jersey State Parole Board (075308)

Under the circumstances presented, was the Appellate Division required to remand for a hearing before the full Parole Board prior to ordering the release on parole of an inmate incarcerated for murder?

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  • Certification granted : March 27, 2015
  • Posted: March 30, 2015
  • Argued: Oct. 13, 2015
  • Decided: Feb. 23, 2016

A-51-14 State v. June Gorthy (075009)

In this criminal trial, was it appropriate for the court to interpose an insanity defense over defendants objection?

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  • Certification granted : March 27, 2015
  • Posted: March 30, 2015
  • Argued: March 14, 2016
  • Decided: Sept. 28, 2016

A-50-14 State v. Aakash A. Dalal (075325)

Where the charges against defendant include conspiracy to murder an assistant county prosecutor, and the State’s proffered evidence included defendant’s alleged threat to kill the presiding judge in that county, were all of the vicinage judges required to be recused?

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  • Leave to appeal granted : March 18, 2015
  • Posted: March 19, 2015
  • Argued: April 28, 2015
  • Decided: June 17, 2015

A-49-14 State v. Joseph J. Mezynski (075061)

Were police authorized to stop defendant based on an anonymous tip; and, if the stop was authorized, was defendant’s statement inadmissible because he was subject to custodial interrogation before receiving Miranda warnings?

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  • Certification granted : March 18, 2015
  • Posted: March 19, 2015
  • Argued: Feb. 2, 2016
  • Dismissed as improvidently granted : April 21, 2016

A-48-14 State v. J.M., Jr. (075317)

In this criminal action, should the State be permitted to admit "other-crimes" evidence (N.J.R.E. 404(b)) concerning similar accusations made against defendant in a prior criminal action that resulted in acquittal?

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  • Leave to appeal granted : March 16, 2015
  • Posted: March 16, 2015
  • Argued: Jan. 19, 2016
  • Decided: May 25, 2016

A-47-14 State v. Saladin Thompson (074971)

Following remand proceedings ordered by the Appellate Division, did the appellate panel correctly vacate defendant’s conviction upon determining that the remand record was “too deficient" to enable appellate review?

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  • Certification granted : March 16, 2015
  • Posted: March 16, 2015
  • Argued: Dec. 1, 2015
  • Decided: March 8, 2016

A-46-14 State v. Stephen F. Scharf (074922)

In this murder trial, were the victim’s statements to her friends and her therapist, regarding her interactions with and fear of defendant, admissible under the circumstances presented?

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  • Certification granted : March 16, 2015
  • Posted: March 16, 2015
  • Argued: Feb. 2, 2016
  • Decided: July 18, 2016

A-45-14 Stephen Meehan v. Peter Antonellis, DMD (075265)

Was plaintiff’s dental malpractice action properly dismissed for failure to comply with the Affidavit of Merit statute (N.J.S.A. 2A:53A-26 to -29)?

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  • Certification granted : March 16, 2015
  • Posted: March 16, 2015
  • Argued: March 15, 2016
  • Decided: Aug. 9, 2016

A-44-14 Alexander Bardis v. Kitty Stinson (075208)

Where plaintiffs’ general liability and commercial dwelling insurance provided coverage for collapse resulting from “hidden decay," among other losses, was damage caused by the collapse of plaintiffs’ basement wall covered under the circumstances presented?

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  • Appeal as of right (Appellate Division dissent)
  • Posted: Feb. 23, 2015
  • Argued: Jan. 19, 2016
  • Decided: April 27, 2016

A-43-14 Globe Motor Company v. Ilya Igdalev (074996)

In the context of this action asserting that defendants breached the parties’ settlement agreement, were plaintiffs entitled to summary judgment under the circumstances presented?

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  • Appeal as of right (Appellate Division dissent)
  • Posted: Feb. 23, 2015
  • Argued: Jan. 19, 2016
  • Decided: June 29, 2016

A-42-14 State v. James Denelsbeck (075170)

Was this defendant, who is charged with a fourth offense of driving while intoxicated (DWI), entitled to a jury trial because of the aggregate penalties that he faced?

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  • Certification granted : Feb. 17, 2015
  • Posted: Feb. 17, 2015
  • Argued: Oct. 26, 2015
  • Decided: May 12, 2016

A-41-14 Roy Steinberg v. Sahara Sam’s Oasis, LLC (075294)

Was the waiver of liability signed by plaintiff invalid because of the defendant-amusement park’s gross negligence or because defendant violated the New Jersey Carnival-Amusement Rides Safety Act, N.J.S.A. 5:3-31 to -59?

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  • Certification granted : Feb. 17, 2015
  • Posted: Feb. 17, 2015
  • Argued: Feb. 29, 2016
  • Decided: Aug. 23, 2016

A-40-14 E & J Equities v. Board of Adjustment of the Township of Franklin (075207)

Was this municipal ordinance banning digital billboards constitutional and was the municipality’s denial of plaintiff’s application for a variance for such a billboard valid?

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  • Certification granted : Feb. 17, 2015
  • Posted: Feb. 17, 2015
  • Argued: March 1, 2016
  • Decided: Sept. 15, 2016

A-39-14 State v. Lixandra Hernandez and Jose Sanchez (075444)

In this criminal case where the State’s primary evidence is the testimony of a confidential cooperating witness, is defendant entitled to information regarding that witness’s cooperation with the State in connection with other, non-related criminal cases?

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  • Leave to appeal granted : Feb. 12, 2015
  • Posted: Feb. 17, 2015
  • Argued: Jan. 5, 2016
  • Decided: June 28, 2016

A-38-14 Salvatore Puglia v. Elk Pipeline, Inc. (075171)

Are plaintiff’s Conscientious Employee Protection Act claims preempted by federal law because they required interpretation and analysis of the terms of the parties’ collective bargaining agreement?

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  • Certification granted : Feb. 5, 2015
  • Posted: Feb. 5, 2015
  • Argued: Jan. 6, 2016
  • Decided: Aug. 16, 2016

A-36/37-14 Northwest Bergen County Utilities Authority v. Kathleen A. Donovan (075060)

Was the County Executive authorized to veto the minutes of the Utilities Authority’s meeting, which provided for a stipend and health benefits for the Authority’s commissioners; and was the County Executive authorized to terminate the commissioners?

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  • Certification granted : Feb. 5, 2015
  • Posted: Feb. 5, 2015
  • Argued: April 11, 2016
  • Decided: Aug. 15, 2016