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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-12-16 A.T. v. M. Cohen, M.D. (077821)

In this medical malpractice action filed on behalf of a child, did the trial court err in concluding that it lacked the discretion to grant plaintiff's motion to voluntarily dismiss the complaint?



Appeal as of right (Appellate Division dissent)
Posted
Argued
Decided
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  • Appeal as of right (Appellate Division dissent) : Oct. 28, 2016
  • Posted: Oct. 28, 2016
  • Argued: Sept. 25, 2017
  • Decided: Dec. 14, 2017

A-11-16 Edan Ben Elazar v. Macrietta Cleaners, Inc. (078079)

Under the circumstances presented, did plaintiff's file a timely notice of claim (pursuant to the New Jersey Tort Claims Act) against the Township of Cranford?



Leave to appeal granted
Posted
Argued
Decided
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  • Leave to appeal granted : Oct. 28, 2016
  • Posted: Oct. 28, 2016
  • Argued: April 24, 2017
  • Decided: July 26, 2017

A-10-16 State v. Alexis Sanchez-Medina (077883)

Was defendant's immigration status admissible for impeachment purposes; and was defendant entitled to a jury instruction on identification?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Oct. 14, 2016
  • Posted: Oct. 14, 2016
  • Argued: Oct. 10, 2017
  • Decided: Jan. 18, 2018

A-9-16 Christopher Mount v. Board of Trustees, Police and Firemen's Retirement System (078021)

Did the Board err in denying plaintiff's application for accidental disability retirement benefits, based on its finding that the event that caused plaintiff's disability was not 'undesigned and unexpected,' pursuant to N.J.S.A. 43:16A-7?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Oct. 14, 2016
  • Posted: Oct. 14, 2016
  • Argued: Nov. 28, 2017
  • Decided: June 5, 2018

A-7/8-16 Hazel Hamrick Lee v. Florence Brown (078043)

Was a city electrical inspector entitled to absolute immunity under the New Jersey Tort Claims Act (TCA), rather than qualified immunity, following this fire at a multi-dwelling home in the City of Paterson?



Leave to appeal granted
Posted
Argued
Decided
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  • Leave to appeal granted : Oct. 7, 2016
  • Posted: Oct. 11, 2016
  • Argued: Sept. 11, 2017
  • Decided: Feb. 21, 2018

A-6-16 State v. William Burkert (077623)

Was defendant's conduct distributing wedding photographs of a colleague to which defendant had added vulgar annotations protected speech that could not constitute criminal harassment?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Sept. 23, 2016
  • Posted: Sept. 23, 2016
  • Argued: Sept. 11, 2017
  • Decided: Dec. 19, 2017

A-5-16 In the Matter of the Enforcement of New Jersey False Claims Act Subpoenas (077506)

Is the State foreclosed from utilizing the New Jersey False Claims Act's administrative subpoena power once the Attorney General's right to intervene in a qui tam action has expired?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Sept. 23, 2016
  • Posted: Sept. 23, 2016
  • Argued: March 13, 2017
  • Decided: June 7, 2017

A-4-16 Doreen Hayes v. Barbara Delamotte (077819)

Under the circumstances presented, was plaintiff entitled to a new trial following the jury’s no-cause verdict?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Sept. 23, 2016
  • Posted: Sept. 23, 2016
  • Argued: Sept. 12, 2017
  • Decided: Jan. 10, 2018

A-3-16 State v. Akeem Boone (077757)

Did the affidavit in support of this application for a search warrant establish probable cause to search a specific apartment in the building?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Sept. 15, 2016
  • Posted: Sept. 15, 2016
  • Argued: Sept. 25, 2017
  • Decided: Dec. 18, 2017

A-2-16 Jaime Taormina Bisbing v. Glenn R. Bisbing, III (077533)

Did the trial court err in granting plaintiff's motion to relocate out of state with the parties' children?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Sept. 12, 2016
  • Posted: Sept. 12, 2016
  • Argued: March 29, 2017
  • Decided: Aug. 8, 2017

A-1-16 In re the Declaratory Judgment Actions Filed by Various Municipalities, County of Ocean, Pursuant to the Supreme Court's Decision in In re Adoption of N.J.A.C. 5:96, 221 N.J. 1 (2015) (077565)

When calculating a municipality's fair share obligation, how should affordable housing need that accumulated from 1999 through 2015 (the gap period) be addressed?



Leave to appeal granted
Posted
Argued
Decided
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  • Leave to appeal granted : Sept. 8, 2016
  • Posted: Sept. 12, 2016
  • Argued: Nov. 30, 2016
  • Decided: Jan. 18, 2017

A-107/108-15 State v. Daniel K. Jackson (076636)

Should the evidence seized from the basement of an apartment inhabited by one of defendant's co-defendants (Sulaiman Massaquoi) have been suppressed, under the circumstances presented?



Certification granted
Posted
Argued
Dismissed as improvidently granted
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  • Certification granted : Aug. 5, 2016
  • Posted: Aug. 8, 2016
  • Argued: March 27, 2017
  • Dismissed as improvidently granted : April 5, 2017

A-105/106-15 State v. Sulaiman Massaquoi (076635)

Should the evidence seized without a warrant from the basement where defendant lived have been suppressed?



Certification granted
Posted
Argued
Dismissed as improvidently granted
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  • Certification granted : Aug. 5, 2016
  • Posted: Aug. 8, 2016
  • Argued: March 27, 2017
  • Dismissed as improvidently granted : April 5, 2017

A-101/102/103/104-15 The Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisades, LLC (077249)

Did the six-year statute of limitations begin to run when this construction project was deemed to be substantially complete, or did plaintiff's causes of action accrue on a date after the unit owners took control of the governing Board?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Aug. 5, 2016
  • Posted: Aug. 8, 2016
  • Argued: April 25, 2017
  • Decided: Sept. 14, 2017

A-98/99/100-15 In the Matter of County of Atlantic; In the Matter of Township of Bridgewater (077447)

Did the Public Employment Relations Commission (PERC) properly decline application of the dynamic status quo doctrine, which would have required the automatic payment of incremental salary increases?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Aug. 5, 2016
  • Posted: Aug. 8, 2016
  • Argued: March 13, 2017
  • Decided: Aug. 2, 2017

A-97-15 GMAC Mortgage, LLC v. Tamilynn Willoughby (076006)

In this matter concerning a foreclosure settlement derived through mediation, did defendant fail to accept plaintiff's offer of loan modification, among other issues?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Aug. 5, 2016
  • Posted: Aug. 8, 2016
  • Argued: March 21, 2017
  • Decided: July 31, 2017

A-96-15 State v. Karlton L. Bailey (077141)

In this trial for second-degree certain persons not to have weapons, did the trial court’s jury instruction regarding defendant’s prior convictions deny him his due process rights to have the State prove each element of the crime beyond a reasonable doubt?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Aug. 4, 2016
  • Posted: Aug. 8, 2016
  • Argued: Sept. 12, 2017
  • Decided: Jan. 22, 2018

A-95-15 State v. S.B. (077519)

Is this youth ministry associated with a church a 'youth serving organization,' as defined by N.J.S.A. 2C:7-22, for the purpose of charging defendant, a Megan's Law offender, with prohibited participation in such an organization, contrary to N.J.S.A. 2C:7-23(a)?



Certification granted
Posted
Argued
Decided
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  • Certification granted : July 26, 2016
  • Posted: July 26, 2016
  • Argued: April 25, 2017
  • Decided: July 20, 2017

A-94-15 State v. Mark Dunbar (077839)

Under the circumstances presented, were defendant's constitutional rights violated when the police used a drug-sniffing dog to search for illegal drugs around defendant's vehicle?



Leave to appeal granted
Posted
Argued
Decided
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  • Leave to appeal granted : July 26, 2016
  • Posted: July 26, 2016
  • Argued: April 24, 2017
  • Decided: July 10, 2017

A-93-15 Ernest Bozzi v. OSI Restaurant Partners, LLC (077556)

Is class certification appropriate in this action where plaintiffs allege that defendant violated the Consumer Fraud Act (N.J.S.A. 56:8-1 to -184) and the Truth-in-Consumer Contract, Warranty, and Notice Act (N.J.S.A. 56:12-14 to -18) by failing to include drink prices on its menu?



Leave to appeal granted
Posted
Argued
Decided
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  • Leave to appeal granted : July 26, 2016
  • Posted: July 26, 2016
  • Argued: April 4, 2017
  • Decided: Oct. 4, 2017