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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-69-24 E.T. v. The Boys and Girls Club of Hudson County (089237) Read Appellate Opinion A-3720-22 In this matter in which plaintiffs allege that Boys and Girls Clubs of America failed to implement policies and procedures addressing sexual abuse that could have prevented their sexual abuse by a counselor at an affiliated member club in New Jersey, do New Jersey courts have personal jurisdiction over Boys and Girls Clubs of America?
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A-68-24 In the Matter of the Verified Petition for the Proposed Creation of a PK-12 All-Purpose Regional School District (090182) Read Appellate Opinion A-0716-23 Under N.J.S.A. 18A:13-47.11, does the Borough of Sea Bright have standing to withdraw from a merged school district with the Oceanport Board of Education and the Shore Regional High School District Board of Education to join the all-purpose regional Henry Hudson School District?
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A-67-24 Cassandra Gigi Smith v. Newark Community Health Centers, Inc. (089809) Read Appellate Opinion A-2138-22 Under the New Jersey Charitable Immunity Act, N.J.S.A. 2A:53A-7 to -11, is defendant Newark Community Health Centers, Inc., organized exclusively for educational purposes, organized for charitable purposes such that a source-of-funds assessment was required, or organized exclusively for hospital purposes such that it is liable for up to $250,000 under N.J.S.A. 2A:53A-8?
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A-66-24 Rebecca J. Reed v. Elizabeth M. Muoio (090060) Read Appellate Opinion A-2319-22 In this matter where the Council on Local Mandates (Council) declared unconstitutional N.J.S.A. 40A:14-118.1, the requirement that municipalities install mobile video recording systems in newly acquired police vehicles, as an unfunded mandate, and also stated that its “determination renders nugatory the $25 surcharge described in N.J.S.A. 39:4-50(i)” assessed against individuals convicted of driving while intoxicated to fund the installation of mobile video recording systems, is judicial review available to determine if the Council exceeded its authority when it invalidated the $25 surcharge?
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A-65-24 Haydee Gallardo v. Walmart (089466) Read Appellate Opinion A-2336-22 Can spreading salt on a parking lot during a storm be an “unusual circumstance” such that the ongoing storm rule adopted in Pareja v. Princeton International Properties, 246 N.J. 546 (2021), does not apply, and can a landowner be held liable for the actions of a contractor if the contractor was granted summary judgment?
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A-64-24 State v. Nirav Patel (090380) Read Appellate Opinion A-2381-23 Did defendant prove all three parts of the test for a new trial based on newly discovered evidence, see State v. Carter, 85 N.J. 300, 314 (1981), that the new evidence was: (1) material to the issue and not merely cumulative or impeaching or contradictory; (2) discovered since the trial and not discoverable by reasonable diligence beforehand; and (3) of the sort that would probably change the jury’s verdict if a new trial were granted?
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A-62/63-24 State v. Jamel Carlton (090241) Read Appellate Opinion A-0532-22 If the determination of whether defendant was a persistent offender subject to an extended term sentence under N.J.S.A. 2C:44-3 was made by a judge, instead of by a jury, see Erlinger v. United States, 602 U.S. 821 (2024), does harmless error analysis apply, and does the statutory language of N.J.S.A. 2C:44-3 require that a judge, not a jury, determine if a defendant is a persistent offender?
[Note: The Court imposed an expedited, peremptory briefing schedule in this matter. Any motion for leave to appear as amicus curiae shall be served and filed through eCourts Supreme, with the proposed amicus brief, on or before 7/16/2025. For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955. No further submissions will be accepted unless requested by the Court.]
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A-61-24 State v. Arthur F. Wildgoose (089853) Read Appellate Opinion A-1497-22 Is further relief warranted in this PCR (post-conviction relief) matter, where the appellate court found that the Attorney General’s Uniform Plea Negotiation Guidelines to Implement the Jessica Lunsford Act, P.L. 2014, c. 7 -- which have a graduated system differentiating between pre- and post-indictment plea offers -- did not violate defendant’s constitutional rights, and remanded for fact-finding limited to the absence of a pre-indictment plea offer in this matter?
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A-60-24 State of New Jersey ex rel. Edelweiss Fund, LLC v. JPMorgan Chase & Co. (090285) Read Appellate Opinion A-1340-23 In this qui tam action, does the public disclosure bar apply, and do the 2023 amendments to the New Jersey False Claims Act -- specifically N.J.S.A. 2A:32C-9(c), which provides that a court shall not dismiss a relator’s claim based on the public disclosure bar if the Attorney General opposes dismissal -- apply to this matter?
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A-59-24 State v. Kader S. Mustafa (090329) Read Appellate Opinion A-1038-22 Can a criminal defendant advance a diminished capacity defense under N.J.S.A. 2C:4-2 without expert testimony?
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A-58-24 State v. Fernando J. Garcia-Moronta (090118) If a defendant is in custody of U.S. Immigration and Customs Enforcement, can the trial court issue a bench warrant for the defendant’s failure to appear in person for his arraignment, and can the defendant appear telephonically for court proceedings?
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A-57-24 State v. Jesus E. Reyes-Rodriguez (090313) Read Appellate Opinion A-3169-23 If a defendant is deported, but participates in court proceedings remotely, can the trial court issue a bench warrant for the defendant’s failure to appear in person, and can the defendant appear remotely for trial?
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A-56-24 State v. Thomas J. DiNapoli (090381) Read Appellate Opinion A-1374-23/A-2164-23 Can defendant, who was charged with reckless vehicular homicide, introduce expert testimony that the victim died because of the medical care she received, if the State is relying exclusively on the first prong of N.J.S.A. 2C:2-3(c) to prove causation?
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A-54/55-24 State v. Michael Owens (089721) Read Appellate Opinion A-1148-22 Should the jury have been instructed on passion/provocation manslaughter, should defendant’s trial for murder been severed from his trial for aggravated assault, and if so, should defendant’s conviction for aggravated assault be reversed?
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A-53-24 Alison Beavan v. Allergan U.S.A., Inc. (090150) Read Appellate Opinion A-1501-23 Under the circumstances presented, were the report and deposition testimony of plaintiff’s expert witnesses, who relied in part on a differential diagnosis, sufficient to overcome summary judgment?
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A-52-24 Scott Diana v. LVNV Funding LLC (089939) Read Appellate Opinion A-1000-23 Does the New Jersey Consumer Finance Licensing Act, N.J.S.A. 17:11C-1 to -49, provide a private right of action?
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A-51-24 Lakita D. Murray v. Christopher B. Punina (090246) Read Appellate Opinion A-0559-22 Does N.J.S.A. 39:6A-12 of the New Jersey Automobile Reparation Reform Act (the No-Fault Act), N.J.S.A. 39:6A-1 to -35, prevent an injured plaintiff from presenting evidence of future medical expenses at a civil trial and recovering damages from the tortfeasor defendant for those future expenses when personal injury protection (PIP) benefits have not been exhausted?
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A-50-24 State v. Dana Kearney (089877) Read Appellate Opinion A-2638-22 Is defendant entitled to post-conviction relief on his claim that trial counsel was ineffective because defendant’s girlfriend and co-parent, who was the victim’s cousin and testified for the State, paid his legal fees?
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A-48/49-24 In the Matter of Petition for Rulemaking to Amend N.J.A.C. 10A:71-3.11, N.J.A.C. 10A:71-2.2, and N.J.A.C. 10A:71-3.20 (089529) Read Appellate Opinion A-0494-22/A-1180-22 Did the State Parole Board appropriately deny the petition for rulemaking, which sought to amend N.J.A.C. 10A:71-2.2 to prevent the Board from categorically withholding from an inmate applying for parole the inmate’s own medical, psychiatric, psychological, and substance abuse records?
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A-47-24 State v. Gerald W. Butler (090237) Read Appellate Opinion A-1275-22 Did the prosecutor’s reference to the television show The Wire in the opening statement; references to the Organized Crime Unit, gun violence, and trafficking in the City of Millville; and testimony that defendant was the target of a search warrant, individually or cumulatively amount to reversible error?
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