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Track Appeals

This page provides summaries of Supreme Court appeals, along with certain procedural information, due dates, and publicly filed briefs.  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

Summaries for Informational Purposes Only: 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.

Party Briefing and Case Documents: Briefing on appeals before the Supreme Court is governed by Court Rule. The Court’s order taking the appeal typically will include the due dates for the parties’ merits briefs and for amicus motions and briefs. The order is included in the “Case Document(s)” for each appeal. If the appeal is not sealed, the parties’ briefs also will be included in the “Case Document(s).”

Amicus Motions: Beginning on Feb. 10, 2026, motions for leave to appear as amicus curiae and proposed amicus briefs in Supreme Court appeals are due ten (10) days after the respondent files its merits brief, and motions to extend or relax the time for filing an amicus motion and brief will not be accepted. See R. 1:13-9(e).

A-40-19 State v. Louis V. Williams (083400)

Does a resident of a boarding or rooming house have a reasonable expectation of privacy in areas beyond his or her bedroom door, e.g., in common hallways?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Jan. 24, 2020
  • Posted: Jan. 27, 2020
  • Argued: Oct. 14, 2020
  • Decided: Nov. 2, 2020

A-39-19 State v. Hakum Brown; State v. Rodney Brown (083353)

Can defendants who were sentenced for their underlying sex offenses prior to 2007, when failure to register was a fourth-degree offense, be charged with third-degree failure to register under the 2007 amendment to Megan’s Law upgrading the degree of the offense?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Jan. 24, 2020
  • Posted: Jan. 27, 2020
  • Argued: Oct. 14, 2020
  • Decided: Jan. 25, 2021

A-38-19 State v. Thomas H. Outland (083242)

Did the decision not to let defendant represent himself at trial violate his constitutional rights?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Jan. 24, 2020
  • Posted: Jan. 27, 2020
  • Argued: Sept. 30, 2020
  • Decided: March 16, 2021

A-37-19 State v. Amrit Singh (083236)

Was the detective’s narration of a surveillance video and identification of defendant in the video improper lay-witness opinion testimony constituting plain error?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Dec. 10, 2019
  • Posted: Dec. 10, 2019
  • Argued: Sept. 29, 2020
  • Decided: Jan. 21, 2021

A-36-19 State v. B.C.S. (083231)

Were defendant’s confessions during a consensual intercept and subsequent police interview voluntary?



Certification granted
Posted
Argued
Dismissed by Order
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  • Certification granted : Dec. 10, 2019
  • Posted: Dec. 10, 2019
  • Argued: Sept. 30, 2020
  • Dismissed by Order : Oct. 7, 2020

A-34/35-19 Anasia Maison v. NJ Transit Corporation and Kelvin Coats (083484)

Does the common carrier standard of negligence apply to New Jersey Transit buses and drivers; were defendants immune under the Tort Claims Act; and should the jury have been directed to allocate fault to the unidentified tortfeasor?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Dec. 10, 2019
  • Posted: Dec. 10, 2019
  • Argued: Sept. 29, 2020
  • Decided: Feb. 17, 2021

A-33-19 Christian Mission John 316 v. Passaic City (083487)

Was plaintiff’s property actually used for religious purposes prior to the tax assessment date and therefore exempt from local property taxes for the 2013 tax year under N.J.S.A. 54:4-3.6?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Dec. 10, 2019
  • Posted: Dec. 10, 2019
  • Argued: April 28, 2020
  • Decided: July 15, 2020

A-32-19 Bank Leumi USA v. Edward J. Kloss (083372)

When a party filed, in lieu of an answer, a motion to dismiss under Rule 4:6-2(e) for failure to state a claim, and the court dismissed with prejudice, is that party subject to claim preclusion when—in a later suit that it files arising from the same transactional facts—the defendant asserts the entire controversy doctrine as an affirmative defense?



Question of law certified by the U.S. Court of Appeals for the Third Circuit, accepted
Posted
Argued
Decided
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  • Question of law certified by the U.S. Court of Appeals for the Third Circuit, accepted : Dec. 5, 2019
  • Posted: Dec. 5, 2019
  • Argued: April 27, 2020
  • Decided: July 21, 2020

A-31-19 State v. Donnell Gideon (083178)

Did trial counsel’s deficient performance, namely the failure to investigate a potential alibi defense, prejudice defendant under the second prong of Strickland v. Washington, 466 U.S. 668 (1984)?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Dec. 5, 2019
  • Posted: Dec. 5, 2019
  • Argued: Sept. 14, 2020
  • Decided: Jan. 14, 2021

A-30-19 Brian Delaney v. Trent S. Dickey and Sills Cummis & Gross, PC (083440)

Under the circumstances presented, was the arbitration clause in the attorney-client retainer agreement unenforceable because it violated the Rules of Professional Conduct?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Dec. 5, 2019
  • Posted: Dec. 5, 2019
  • Argued: Sept. 15, 2020
  • Decided: Dec. 21, 2020

A-29-19 Elmer Branch v. Cream-O-Land Dairy (083379)

In this class action alleging a failure to pay overtime wages in violation of the New Jersey Wage and Hour Law, is the good-faith defense, N.J.S.A. 34:11-56a25.2, available to defendant based on determinations made by employees of the New Jersey Department of Labor and Workforce Development?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Dec. 5, 2019
  • Posted: Dec. 5, 2019
  • Argued: Sept. 30, 2020
  • Decided: Jan. 13, 2021

A-28-19 State v. Luis A. Maisonet (083066)

Was defendant denied his constitutional right to counsel of his choice?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Nov. 21, 2019
  • Posted: Nov. 22, 2019
  • Argued: Sept. 15, 2020
  • Decided: March 23, 2021

A-27-19 State v. Andrea K. Dunbrack; State v. Gabriel Rodriguez (083008)

Were defendants entitled to have the jury instructed on theft as a lesser included offense of robbery?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Nov. 18, 2019
  • Posted: Nov. 18, 2019
  • Argued: Sept. 14, 2020
  • Decided: March 22, 2021

A-26-19 State v. Antwan J. Horton (082698)

Read Order

Was it error to substitute an alternate juror for an excused juror after the jury stated that it had reached a partial verdict?



Certification granted
Posted
Argued
Decided
Revised
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  • Certification granted : Nov. 18, 2019
  • Posted: Nov. 18, 2019
  • Argued: April 28, 2020
  • Decided: June 10, 2020
  • Revised : June 12, 2020

A-25-19 Rosemont Properties, LLC v. IP Realty, LLC (083307)

Did the credit doctrine apply and require reduction of the amount due to plaintiff under the circumstances presented, including that plaintiff released its mortgage to defendants on a different property?



Certification granted
Posted
Argued
Dismissed as improvidently granted
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  • Certification granted : Nov. 18, 2019
  • Posted: Nov. 18, 2019
  • Argued: March 30, 2020
  • Dismissed as improvidently granted : April 7, 2020

A-24-19 Jed Goldfarb v. David Solimine (083256)

Among other issues, is plaintiff’s promissory estoppel claim barred because there was no written contract to provide services as an investment adviser?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Nov. 7, 2019
  • Posted: Nov. 7, 2019
  • Argued: Sept. 15, 2020
  • Decided: Feb. 18, 2021

A-23-19 Mary Richter v. Oakland Board of Education (083273)

Read Order

Is an employee alleging discrimination for failure to accommodate a disability, pursuant to the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49, required to show an adverse employment action; and is this employee’s claim barred by the exclusive remedy provision of the Workers’ Compensation Act, N.J.S.A. 34:15-1 to -146?



Certification granted
Posted
Argued
Decided
Revised
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  • Certification granted : Nov. 4, 2019
  • Posted: Nov. 4, 2019
  • Argued: Sept. 14, 2020
  • Decided: June 8, 2021
  • Revised : June 15, 2021

A-22/53-19 Winberry Realty Partnership v. Borough of Rutherford (083156)

Does the tax collector have final policymaking authority such that the Borough may be liable for her actions?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Nov. 4, 2019
  • Posted: Nov. 4, 2019
  • Argued: Jan. 19, 2021
  • Decided: June 28, 2021

A-21-19 Christopher J. Gramiccioni v. Department of Law and Public Safety (083198)

Under the circumstances presented, was the Attorney General required to defend and indemnify the Monmouth County Prosecutor’s Office, the Monmouth County Prosecutor, and Assistant Prosecutors named as defendants in a civil complaint, pursuant to Wright v. State, 169 N.J. 422 (2001)?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Nov. 4, 2019
  • Posted: Nov. 4, 2019
  • Argued: March 31, 2020
  • Decided: July 28, 2020

A-20-19 City of Asbury Park v. Star Insurance Company (083371)

Does the made-whole doctrine apply to first-dollar risk that is allocated to an insured under an insurance policy, i.e., a self-insured retention or deductible?



Question of law certified by the U.S. Court of Appeals for the Third Circuit, accepted
Posted
Argued
Decided
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  • Question of law certified by the U.S. Court of Appeals for the Third Circuit, accepted : Oct. 21, 2019
  • Posted: Oct. 21, 2019
  • Argued: March 31, 2020
  • Decided: June 29, 2020