- STATE OF NEW JERSEY VS. CARMEN A. SEXTON (20-08-0250, MERCER COUNTY AND STATEWIDE) A-2705-21 Appellate Jan. 26, 2024
- STATE OF NEW JERSEY VS. WINSTON WILSON (14-05-0331, 14-05-0332, AND 17-09-0544, SOMERSET COUNTY AND STATEWIDE) A-3192-21 Appellate Jan. 26, 2024
- STATE OF NEW JERSEY VS. TENNEYSON D. FAIRCLOUGH (17-07-0938, MONMOUTH COUNTY AND STATEWIDE) A-3677-21 Appellate Jan. 26, 2024
- STATE OF NEW JERSEY VS. EDWARD M. PLAZA (16-09-0623, UNION COUNTY AND STATEWIDE) A-3679-21 Appellate Jan. 26, 2024
- A.R.P. VS. N.S.T. (FV-12-2783-22, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-0529-22 Appellate Jan. 26, 2024
- BRUCE KAYE, ET AL. VS. ALAN P. ROSEFIELDE, ET AL. (C-000017-05, ATLANTIC COUNTY AND STATEWIDE) A-0690-21 Appellate Jan. 29, 2024
- DCPP VS. S.J. AND G.M., IN THE MATTER OF THE GUARDIANSHIP OF I.I.H.J.M. (FG-09-0117-21, HUDSON COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-1706-21 Appellate Jan. 29, 2024
- STATE OF NEW JERSEY VS. VASHON M. MCPHAUL-ROBERTS (20-01-0023, WARREN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-2320-21 Appellate Jan. 29, 2024
- K.E.E. VS. S.A.L. (FV-15-1431-22, OCEAN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-3556-21 Appellate Jan. 29, 2024
- DAVID WINKLER VS. BOARD OF TRUSTEES, ETC. (PUBLIC EMPLOYEES' RETIREMENT SYSTEM) A-1226-22 Appellate Jan. 29, 2024
- TRYSTONE CAPITAL ASSETS, LLC VS. DOROTHY T. TOULSON, ET AL. (F-003794-21, SALEM COUNTY AND STATEWIDE) A-1287-22 Appellate Jan. 29, 2024
- IOANNA KOTSOGIANNIS VS. JOHN DIMARAS (FM-02-1593-14, BERGEN COUNTY AND STATEWIDE) A-1426-22 Appellate Jan. 29, 2024
- STATE OF NEW JERSEY VS. ASHON Q. MILLER & TERRENCE M. MURRAY-LOACH (22-05-0908 AND 22-08-1535, OCEAN COUNTY AND STATEWIDE) A-0406-23 Appellate Jan. 29, 2024
- SHELLEY PRITCHETT VS. STATE OF NEW JERSEY (L-2189-13, MERCER COUNTY AND STATEWIDE) A-1414-21 Appellate Jan. 30, 2024 Summary A-1414-21 In this matter, arising out of a failure to accommodate and discrimination action under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -50, a jury returned a verdict for plaintiff awarding her compensatory damages and $10 million in punitive damages. On appeal, the court affirmed the finding of liability and the compensatory damage award but remanded for further proceedings on the amount of punitive damages, and specifically, for substantial consideration of the factors discussed by our Supreme Court in Baker v. National State Bank , 161 N.J. 220 (1999), and the United States Supreme Court in BMW of North America, Inc. v. Gore , 517 U.S. 559 (1996). The Supreme Court granted defendant's petition for certification and modified this court's remand instructions. The Court held that when reviewing a punitive damages award against a public entity, a trial court must not only consider the Baker / BMW factors, but also needs to apply heightened scrutiny as required under Lockley v. State, Department of Corrections , 177 N.J. 413 (2003). On remand, the trial court concluded the punitive damages award was "reasonable" and "comport[ed] with due process." In the present appeal, the court established a hybrid standard of review when considering an award of punitive damages against a public entity. The court should accord a deferential standard of review to a judge's determination of whether the jury's punitive damages award is "reasonable" and "justified in the circumstances of the case" under N.J.S.A. 2A:15-5.14(a). However, when a party challenges the punitive damages award on constitutional due process grounds, the court should review the trial court's decision as to the amount of the punitive damage award de novo. After considering the Baker / BMW factors using the heightened scrutiny required under Lockley , we concluded the punitive damages award was not unreasonable or disproportionate to the harm caused by defendant's upper management representatives in their disregard of the LAD. Although mindful the source of the damages award is public funds, the court concluded the award was necessary to deter future unlawful conduct and to encourage high-level officials to conform their behavior. Close
- STATE OF NEW JERSEY VS. JASON MOLINA (16-01-0038, MIDDLESEX COUNTY AND STATEWIDE) A-1453-21 Appellate Jan. 30, 2024
- STATE OF NEW JERSEY VS. ANGEL ALAMO (19-002272, CAMDEN COUNTY AND STATEWIDE) A-2635-21 Appellate Jan. 30, 2024
- FRANK ANGRISANI VS. THE LAW OFFICE OF LEO B. DUBLER, III, LLC, ET AL. (L-1041-17, BURLINGTON COUNTY AND STATEWIDE) A-3294-21 Appellate Jan. 30, 2024
- LISA GAPPA VS. BOARD OF TRUSTEES, ETC. (TEACHERS' PENSION AND ANNUITY FUND) A-3494-21 Appellate Jan. 30, 2024
- B.A.F. VS H.D.N. (FV-18-0292-23, SOMERSET COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-0956-22 Appellate Jan. 30, 2024
- EDMUND G. HUGHES VS. PORT AUTHORITY OF NEW YORK AND NEW JERSEY, ET AL. (DIVISION OF WORKERS' COMPENSATION) A-1188-22 Appellate Jan. 30, 2024