- STATE OF NEW JERSEY VS. CINDY KEOGH, ET AL. (19-05-0288, SOMERSET COUNTY AND STATEWIDE) A-0773-23 Appellate Feb. 7, 2025 Summary A-0773-23 In this interlocutory appeal the court considers the first element of third-degree endangering an injured victim, N.J.S.A. 2C:12-1.2(a), as applied to the conduct of third parties who allegedly aid or abet another person after that person injures the victim. The State alleges defendants aided their son after he shot the victim and left him for dead. More particularly, the State claims defendants failed to call 9-1-1 emergency services after defendants arrived at the scene of the injury, observed the injured victim, and learned he was shot. Crucially, the State does not allege defendants aided or assisted their son in causing the injuries. On appeal, the court affirms the Law Division order reconsidering and reversing an earlier order that denied defendants' motion to dismiss the endangering count. Discerning no procedural irregularity in the court's reconsideration of the interlocutory order under review, the court considers de novo the plain language of N.J.S.A. 2C:12-1.2, as it applies to those who aid or assist another person who caused bodily injury to the victim. The court concludes, as did the trial judge, defendants cannot be held liable for aiding or abetting their son within the meaning of the endangering statute because defendants did not knowingly aid their son in causing bodily injury to the victim. Accordingly, the court holds a third party cannot be held liable under N.J.S.A. 2C:12-1.2(a), unless the third party "knowingly solicited, aided, encouraged, purposely attempted or knowingly agreed to aid another person in causing bodily injury to the victim" as reflected in the pertinent model jury charge. See Model Jury Charges (Criminal), "Endangering Injured Victim (N.J.S.A. 2C:12-1.2)" (rev. Mar. 14, 2016). Close
- DCPP VS. A.L. AND W.L., SR., IN THE MATTER OF THE GUARDIANSHIP OF W.L., JR. (FG-11-0002-22, MERCER COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (CONSOLIDATED) A-4008-22/A-4012-22 Appellate Feb. 7, 2025
- BOARD OF EDUCATION OF THE TOWNSHIP OF PENNSAUKEN, CAMDEN COUNTY VS. DR. LOVELL PUGH-BASSETT, ET AL. (NEW JERSEY COMMISSIONER OF EDUCATION) A-1652-22 Appellate Feb. 10, 2025
- STATE OF NEW JERSEY VS. MADISON GULLETT (18-05-0446, GLOUCESTER COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-2877-22 Appellate Feb. 10, 2025
- MATTHEW J. PLATKIN, ET AL. VS. MIDDLETOWN TOWNSHIP BOARD OF EDUCATION, ET AL. (C-000080-23, C-000079-23, and C-000078-23, MONMOUTH COUNTY AND STATEWIDE) (CONSOLIDATED) A-0037-23/A-0046-23/A-0118-23 Appellate Feb. 10, 2025
- MATTHEW J. PLATKIN, ET AL. VS. HANOVER TOWNSHIP BOARD OF EDUCATION, ET AL. (C-000042-23, MORRIS COUNTY AND STATEWIDE) A-0371-23 Appellate Feb. 10, 2025
- STATE OF NEW JERSEY VS. LUIS S. MANSO (98-11-4417, ESSEX COUNTY AND STATEWIDE) A-1137-23 Appellate Feb. 10, 2025
- DCPP VS. J.S. AND A.S., IN THE MATTER OF THE GUARDIANSHIP OF W.S. AND P.S. (FG-10-0102-23, HUNTERDON COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-1837-23 Appellate Feb. 10, 2025
- THE MOORISH SCIENCE TEMPLE OF AMERICA, NEW JERSEY VS. MOORISH SCIENCE TEMPLE OF AMERICA, INC., ET AL. (C-000004-23, MERCER COUNTY AND STATEWIDE) A-2287-23 Appellate Feb. 10, 2025
- RANDY HOPKINS, ETC. VS. LVNV FUNDING LLC, ET AL. (L-1732-22, HUDSON COUNTY AND STATEWIDE) A-1301-23 Appellate Feb. 10, 2025 Summary A-1301-23 Defendants moved to compel arbitration after approximately sixteen months of litigation in the trial court. The trial court granted defendants' motion, finding they had not waived their asserted contractual right to arbitrate. On appeal, plaintiff argued the trial court erred in compelling arbitration because defendants had waived their right to arbitrate through their litigation conduct. In response, defendants contended the court lacked jurisdiction to decide the appeal because the trial court's order was "interlocutory" and the arbitration agreement at issue was governed by the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1 to 16. The court reversed the order. The court held it had jurisdiction to decide the appeal because the FAA does not preempt Rule 2:2-3(a), a neutral procedural rule that identifies the types of orders that are appealable as of right. Conducting a de novo review of the waiver factors established by the New Jersey Supreme Court in Cole v. Jersey City Medical Center , 215 N.J. 265, 280-81 (2013), the court found defendants had waived their right to arbitration by their litigation conduct, including their failure to indicate their intention to seek arbitration in their Rule 4:5-1(b)(2) certification or to fulfill their continuing obligation to amend the certification. Close
- STATE OF NEW JERSEY IN THE INTEREST OF M.E.M. (FJ-18-0260-21, SOMERSET COUNTY AND STATEWIDE) A-3590-21 Appellate Feb. 11, 2025
- DCPP VS. J.F. AND S.S., IN THE MATTER OF THE GUARDIANSHIP OF P.S.-S.F. AND J.-A.S.F. (FG-04-0063-22, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (CONSOLIDATED) A-1831-22/A-1832-22 Appellate Feb. 11, 2025
- N.K. VS. A.D. (FV-12-1363-23, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-2986-22 Appellate Feb. 11, 2025
- STATE OF NEW JERSEY VS. JAYSON MARQUEZ (18-07-1604, CAMDEN COUNTY AND STATEWIDE) A-3586-22 Appellate Feb. 11, 2025
- JERSEY CITY BOARD OF EDUCATION, ET AL. VS. STATE OF NEW JERSEY, ET AL. (L-0914-19, MERCER COUNTY AND STATEWIDE) A-3642-22 Appellate Feb. 11, 2025
- JG ELIZABETH II, LLC VS. JERSEY GARDENS DENTAL, PA, ET AL. (L-0637-22, UNION COUNTY AND STATEWIDE) A-0782-23 Appellate Feb. 11, 2025
- ESTATE OF MILES C. BRACKIN, ET AL. VS. PHILLIP SNOWDEN BRACKIN, III, ET AL. (L-2215-22, MERCER COUNTY AND STATEWIDE) A-1524-23 Appellate Feb. 11, 2025
- STATE OF NEW JERSEY VS. AMOBI NWAKANMA (02-07-0831, MIDDLESEX COUNTY AND STATEWIDE) A-3057-22 Appellate Feb. 12, 2025
- STATE OF NEW JERSEY VS. HERBERT E. TOZER (17-03-0223, CAPE MAY COUNTY AND STATEWIDE) A-0540-23 Appellate Feb. 12, 2025
- STATE OF NEW JERSEY VS. VINCENT RICHARDS (19-08-1327, OCEAN COUNTY AND STATEWIDE) A-1114-23 Appellate Dec. 4, 2024