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Supreme Court Agendas Court Year 2010-2011
(most recent at top)
Tuesday, July 12, 2011
2 p.m.
D-84-10 In the matter of Eugene M. LaVergne
D-88-10 In the matter of Melvin G. Duke
Tuesday, June 14, 2011
10 a.m.
D-75-10 In the matter of Steven P. Perskie (067680)
Wednesday, May 4, 2011
10 a.m.
A-43-10 Vasil Kovalcik v. Somerset County Prosecutor's Office
Do records of a public employee's coursework or training beyond those demonstrating the minimum job qualifications constitute "personnel records" that are exempt from disclosure as "government records" under the Open Public Records Act, N.J.S.A. 47:1A-1 to -13?
A-36-10 Fair Share Housing Center, Inc. v. N.J. State League of
Municipalities
Is the New Jersey State League of Municipalities, which is a nonprofit, unincorporated association of all New Jersey municipalities authorized pursuant to N.J.S.A. 40:48-22, a public agency subject to the New Jersey Open Public Records Act, N.J.S.A. 47A:1A-1 to -13, or the common law right of access to public records?
12:00 p.m.
A-25-10 Whirlpool Properties, Inc. v. Director, Division of
Taxation and
A-26-10 Pfizer Inc. v. Director, Division of Taxation
Is N.J.S.A. 54:10A-6(B) of the New Jersey Corporation Business Tax Act, as amended in 2002, which is known as the "Throwout Rule," facially constitutional under the United States Constitution?
2 p.m.
A-41/42-10 Pomerantz Paper Corp. v. New Community Corp.
Is this commercial seller subject to a claim of unconscionable commercial practices under the Consumer Fraud Act for billing the commercial buyer after delivery at prices the buyer claims were excessive?
D-76-10 In the matter of Carole King Boyd
M-290-10 In the matter of Kevin J. Carlin
M-312-10 In the matter of Daniel N. Shapiro
Tuesday, May 3, 2011
10 a.m.
A-45/46/47-10 Steven J. Winters v. North Hudson Regional Fire &
Rescue
Where the employer's decision to terminate the employee for misconduct was upheld in administrative proceedings and on appeal, may the employee maintain a claim that he was terminated in violation of the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8?
A-2-10 Division of Youth and Family Services v. R.D.
In this Title 30 proceeding to terminate parental rights, was the doctrine of collateral estoppel properly applied to bar re-litigation of the issue of abuse based on findings made in a prior Title 9 abuse-or-neglect proceeding?
2 p.m.
A-44-10 Karen Wood v. New Jersey Manufacturers Ins. Co.
Is there a right to a jury trial on a bad faith claim against an insurer under Rova Farms Resort, Inc. v. Investors Ins. Co. of Am., 65 N.J. 474 (1974)?
D-47-10 In the matter of Herbert F. Lawrence
D-55-10 In the matter of Daniel D. Hediger
D-51-10 In the matter of Richard J. Simon
D-68-10 In the matter of Thomas E. Hood
Wednesday, April 20, 2011
10 a.m.
M-1293-09 Abbott v. Burke
Argument on Special Master's Report of March 22, 2011.
Tuesday, Mar. 29, 2011
10 a.m.
A-34-10 O Builders & Associates, Inc. v. Yuna Corp. of NJ d/b/a Baden Baden Restaurant
Did the prior consultation between the defendant and plaintiff’s attorney create a conflict that required the attorney to be disqualified from representing plaintiff in this litigation?
A-33-10 Donald Sachau v. Barbara Sachau
In deciding plaintiff’s application to enforce a provision in the divorce judgment requiring the sale of the marital residence when the parties’ youngest child completed college, was it proper to require that his share of the proceeds be based on the value of the home as of the date that the provision was actually triggered many years ago?
11:15 a.m.
A-27-10 Peter Risko v. Thompson Muller Automotive Group t/a Hammonton Chrysler Jeep Dodge
In this wrongful death case arising from a slip-and-fall, did the cumulative effect of plaintiff’s attorney’s comments during summation, including telling the jury that they would be “ignoring the law” if they had an issue with “a million dollar case,” violate the prohibition against suggesting a verdict?
2 p.m.
D-32-10 In the matter of Walter D. Nealy
D-35-10 In the matter of Anthony N. Picillo
D-70-10 In the matter of Gerald M. Saluti
Monday, Mar. 28, 2011
10 a.m.
A-8-08 State v. Larry R. Henderson
Did the participation of the investigating officer in this eyewitness’s identification of defendant in a photographic array require a presumption that the identification was impermissibly suggestive?
11:45 a.m.
A-28/29-10 Debra A. Lombardi v. Christopher J. Masso
Under what circumstances may a panel of the Appellate Division overturn the decision of another panel in a prior interlocutory appeal in the same case?
2 p.m.
A-35-10 State v. Aaron P. Schmidt
When a person agrees to submit to an alcohol breath test but then fails to provide an adequate sample, are police required to read the standard statement concerning the consequences of refusal pursuant to N.J.S.A. 39:4-50.2(e)?
Tuesday, Mar. 15, 2011
10 a.m.
A-32-10 State v. George Calleia
Under the circumstances of this case, was it reversible error to allow the State to introduce the murder victim’s hearsay statements to show defendant’s motive to kill, and was it improper for the prosecutor to use a stopwatch during summation to show how long it took for the victim to die?
A-38-10 Richard Luchejko v. City of Hoboken
Does a condominium association have a duty to maintain an abutting public sidewalk free of dangerous conditions?
11:15 a.m.
A-24-10 Division of Youth & Family Services v. K.A.
Does striking a child several times on the shoulder with a closed fist, causing visible bruising, constitute abuse by “excessive corporal punishment” under N.J.S.A. 9:6-8.21?
2 p.m.
D-20-10 In the matter of Gordon Washington
Monday, Mar. 14, 2011
10 a.m.
A-110-09 Frederick Voss v. Kristoffe J. Tranquilino
Does N.J.S.A. 39:6A-4.5(b), the No Fault Act provision that precludes a DUI offender’s action to recover damages for losses resulting from a motor vehicle accident, bar the intoxicated motorist’s claim under the Dram Shop Act, N.J.S.A. 2A:22A-1 to -7, against the tavern that served him?
A-9-10 Sheila Aronberg v. Wendell Tolbert
Does N.J.S.A. 39:6A-4.5(a), which bars a lawsuit for automobile accident damages by an individual who was operating an uninsured vehicle, also preclude a wrongful death claim by the estate of that individual?
A-22-10 Denise A. Perrelli v. Bridget Pastorelle
Does N.J.S.A. 39:6A-4.5(a) bar a person who was injured while a passenger in her own uninsured vehicle from pursuing an action for automobile accident injuries?
2 p.m.
A-31-10 State v. L.H.
Where new DNA evidence leads to defendant’s conviction and sentence for a crime committed a decade earlier, and during the intervening period he was sentenced and completed custodial sentences on unrelated offenses, is defendant entitled to receive gap-time credits under N.J.S.A. 2C:44-5b(2) for the prior completed sentences?
Tuesday, Mar. 1, 2011
10 a.m.
A-16-10 In the Matter of Nicholas R. Foglio, Fire Fighter
Was the challenging candidate entitled to a more detailed explanation for the hiring authority’s decision to bypass him for individuals ranked lower on the certified eligible list?
10:45 a.m.
A-11-10 State v. William E. Rivera a/k/a Juan Rivera
Was it plain error for the trial court to not charge the jury on diminished capacity given the testimony of defendant’s expert regarding his psychological condition?
11:30 a.m.
A-20-10 Gregory Russo v. Board of Trustees, Police & Firemen’s Retirement Sys.
Did the work-related incident that directly caused this officer’s permanent psychological disability qualify as a “traumatic event” under the standards set forth in Patterson v. Board of Trustees, State Police Retirement System, 194 N.J. 29 (2008)?
2 p.m.
D-28-10 In the matter of Thomas A. Giamanco
D-43-10 In the matter of Ben Katz
D-61-10 In the matter of Jeffrey Abramowit
Monday, Feb. 28, 2011
10 a.m.
A-13-10 State v. Michael Hayes
Was defendant’s right to counsel violated where the trial court denied his request to adjourn sentencing so he could obtain new counsel to file a motion to withdraw his guilty plea based on the alleged ineffective assistance of his first attorney during plea negotiations?
A-21-10 Division of Youth & Family Services v. T.B.
When T.B. left her sleeping four-year-old son home alone for two to three hours one evening under the mistaken belief that T.B.’s mother, with whom they resided, was also home asleep, did T.B. commit an act of “neglect” requiring her name to remain on the Division's child abuse registry pursuant to N.J.S.A. 9:6-8.11?
11:30 a.m.
A-30-10 William W. Allen v. V and A Brothers, Inc.
May employees be held liable for their personal participation in a corporation’s violation of Consumer Fraud Act (CFA) regulations without requiring plaintiff to establish grounds to pierce the corporate veil; and where the employees had been dismissed from the case and did not participate in the jury trial against the corporation, may they be bound by the jury’s findings on liability and damages?
2 p.m.
D-140-09 In matter of Laurence A. Hecker
Tuesday, Feb. 8, 2011
10 a.m.
A-6-10 In the Matter of Anthony Stallworth
In this case involving the discipline of a public employee, did the Merit System Board err in determining that removal was too harsh and that a four-month suspension was appropriate?
A-7-10 Too Much Media, LLC v. Shellee Hale
Is this blogger, who operated a website she claimed was intended for investigative reporting on issues of public importance, and who posted information about plaintiffs on another website’s bulletin board, a journalist entitled to the protections of New Jersey’s Shield Law and the First Amendment?
11:45 a.m.
A-12-10 Laura Higgins v. Mary F. Thurber
Is plaintiff’s legal malpractice action barred by the entire controversy doctrine given plaintiff’s voluntary dismissal of similar claims in the prior probate action?
Monday, Jan. 31, 2011
10 a.m.
A-116-09 Policemen’s Benevolent Association, Local No. 11 v. City of Trenton
Is the arbitrator’s conclusion that officers must be compensated for reporting for roll call ten minutes prior to their shifts entitled to deference as a “reasonably debatable” interpretation of the parties’ collective bargaining agreement?
A-15-10 GMAC v. Rosanna Pittella
Pursuant to Rule 2:2-3(a) and Wein v. Morris, 194 N.J. 364 (2008), is an order compelling arbitration as to some but not all parties a “final judgment” for appeal purposes?
11:15 a.m.
A-97-09 Passaic Valley Sewerage Commissioners v. St. Paul Fire and Marine Insurance
Did the insured suffer a monetary loss that was covered under this insurance policy as a result of its agreement to provide services and equipment to a claimant in settlement?
2 p.m.
D-148-09 In the matter of Jordan B. Luber
D-36-10 In the matter of Tina Fellows
Wednesday, Jan. 19, 2011
10 a.m.
A-5-10 Magdy Abouzaid v. Mansard Gardens Associates
Does this commercial general liability insurance policy require the insurer to provide a litigation defense to an insured who was sued for emotional distress under Portee v. Jaffee, 84 N.J. 88 (1980), where the Portee claim does not allege physical injury to the plaintiff?
A-10-10 Robert Buck v. James R. Henry, M.D.
Does N.J.S.A. 2A:53A-41(a) of the Affidavit of Merit Statute require the dismissal of plaintiff’s medical malpractice claim under the circumstances presented?
11:30 a.m.
A-115-09 J.D. v. M.D.F.
Under the circumstances, was there sufficient proof of intent to harass within the meaning of the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35?
2 p.m.
D-15-10/R-2-10 In the matter of Eliane Russotti
Tuesday, Jan. 18, 2011
10 a.m.
A-08-10 State v. Jamiyl Dock
Does State v. Artwell, 177 N.J. 526 (2003), concerning the appearance of a defense witness in restraints, apply retroactively?
A-73-09 State v. R.T.
Where defendant’s trial strategy rested on the theory that he did not commit the assault but that the police cajoled him into stating that he was intoxicated, was defendant’s right to a fair trial prejudiced by the court charging the jury, over his objection, that intoxication could possibly negate an element of the crime?
11:30 a.m.
A-99-09 Gonzalez v. Wilshire Credit Corp.
Can plaintiff maintain a claim under the Consumer Fraud Act alleging fraud in the settlement of a mortgage foreclosure action?
2 p.m.
D-129-09 In the matter of Kimberly S. Tyler
M-516-10 In the matter of Christopher P. Hummel
Wednesday, Jan. 5, 2010
10 a.m.
M-1293-09 Abbott v. Burke
Oral argument on motion in aid of litigants’ rights by the Education Law Center.
A-105-09 Ronald Durando v. The Nutley Sun (065978)
Did plaintiffs in this defamation action provide evidence, sufficient to survive summary judgment, that the inaccurate newspaper headline was published with actual malice?
11:30 a.m.
A-113-09 State v. Marie Hess
Was defendant denied her right to effective assistance of counsel because her attorney allowed her to enter into a plea agreement that precluded her from seeking a lesser term, failed to present mitigating evidence, and failed to object to victim impact evidence presented at her sentencing hearing?
12:15 p.m.
A-100-09 Seidman v. Clifton Savings Bank
In this derivative stockholder action challenging directors’ self-dealing, were these directors protected by the business judgment rule as a result of the shareholders’ ratification of their incentive and retirement plans?
2 p.m.
A-3/4-10 Donald Nuckel v. Borough of Little Ferry Planning Board
Under the circumstances, is a use variance required to permit the use of a small corner of a non-conforming lot to obtain access to a proposed hotel driveway on an adjoining lot?
Tuesday, Jan. 4, 2010
10 a.m.
A-14-08 Petition for Review of the Letter Decision of the Committee on Attorney Advertising, Docket No. 47-2007
Can a mediation center that employs attorneys who also perform legal services use the name “Alpha Center for Divorce Mediation” followed by the name of the attorney who is the managing partner consistent with RPC 7.1 and RPC 7.5 of the Rules of Professional Conduct?
A-114-09 International Schools Services, Inc. v. West Windsor Township
Did this non-profit organization, which aids and promotes independent educational associations, forfeit its local property tax exemption under N.J.S.A. 54:4-3.6 by using some of its reserves, staff, and property to subsidize its related for-profit entities?
11:15 a.m.
A-111-09 State v. Zarik Rose
Was evidence that defendant previously was indicted and incarcerated on charges that he attempted to murder the victim admissible at defendant’s trial pursuant to N.J.S.A. 404(b), res gestae, or some other legal doctrine?
12 p.m.
A-101-09 State v. Dwayne Gillispie
Where ballistic evidence established that the gun used in these killings was the same gun used in a prior armed robbery involving defendants and that evidence was properly admitted as relevant to the issue of identity, was the admission of additional evidence about the details of the prior robbery, including the shooting of three people, unduly prejudicial?
2:00 p.m.
D-131-09 In the matter of Leonard W. Kingsley
D-98-09 In the matter of Kenneth M. Denti
B-58-10 In the matter of the Application of Michael D. Grillo
Wednesday, Dec. 1, 2010 - Arguments held at the Gloucester County Courthouse
10 a.m.
A-89/90-09 State v. Timyan Cabbell
Were defendants denied their constitutional right of confrontation when the trial court admitted into evidence the pre-trial statements of witnesses who refused to testify at
trial?
A-108-09 State v. Germaine A. Handy
Should evidence found on defendant during a search incident to arrest be suppressed because the police dispatcher incorrectly informed the arresting officer that there was an outstanding arrest warrant for defendant?
10:45 a.m.
A-112-09 Joseph A. Donelson v. DuPont Chambers Works
Does recovery of damages for economic loss associated with back and front pay require proof of actual or constructive discharge under the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8?
Tuesday, Nov. 30, 2010
11:30 a.m.
A-97-09 Passaic Valley Sewerage Commissioners v. St. Paul Fire and Marine Insurance
Did the insured suffer a monetary loss that was covered under this insurance policy as a result of its agreement to provide services and equipment to a claimant in settlement?
2:30 p.m.
A-95-09 State v. William Acevedo
A-94-09 State v. Dashawn Miller
Did the Appellate Division apply the appropriate standard of review in considering these defendants' challenges to the trial court's determinations to impose consecutive sentences?
3:15 p.m.
A-109-09 State v. Jason Shelley
Is this Goddard School for Early Childhood Development an "elementary school" within the meaning of N.J.S.A. 2C:35-7, which prohibits distribution of controlled dangerous substances within 1,000 feet of a school?
Tuesday, Nov. 9, 2010
10 a.m.
A-96-09 Blessing v. Johnson & Johnson
Under the circumstances presented, was plaintiff’s products liability action alleging defective sutures timely filed by application of the discovery rule; and were defendants equitably estopped from asserting the statute of limitations?
10:45 a.m.
A-1-10 Paul Morgan v. Kristin Morgan n/k/a Kristin Leary
Were the standards set forth in Bauers v. Lewis, 167 N.J. 91 (2001), for evaluating a custodial parent’s application to relocate with the children properly applied in this case, and did the Appellate Division err in reversing the three-year-old order denying a relocation application without remanding the matter to evaluate current circumstances?
12:30 p.m.
A-106/107-09 John P. Conway v. Borough of Florham Park
Was plaintiff improperly removed as borough administrator pursuant to N.J.S.A. 40A:9-136 to -138 when the borough refused to renew his one-year contract without a two-thirds vote of the governing body; and does that statute permit a municipality to appoint an administrator for a fixed term even though it provides that the administrator serves “at the pleasure of the governing body”?
2 p.m.
D-126-09 In the matter of Rodrigo H. Sanchez
Monday, Nov. 8, 2010
10 a.m.
A-104-09 Tina Kieffer v. Best Buy
Were the defendants’ indemnification agreements properly interpreted in allocating litigation costs among defendants?
A-98-09 State v. Kelvin McLean
Did the testimony of the State’s witness impermissibly express an opinion on defendant’s guilt requiring a retrial?
11:30 a.m.
A-92/93-09 State v. Eileen Ciancaglini
Under the circumstances presented, should defendant be sentenced as a third-time offender for driving under the influence pursuant to N.J.S.A. 39:4-50 (a)?
Tuesday, Oct. 26, 2010
10 a.m.
A-77-09 State v. Michael Gore
Was it plain error to admit into evidence, pursuant to the recorded recollection exception to the hearsay rule, N.J.R.E. 803(c)(5), a transcript of defendant’s unreviewed and unsigned confession?
A-88-09 Yousef v. General Dynamics Corp.
Is New Jersey an appropriate forum to hear the claims of these New Jersey residents against a Florida resident and an American corporation for injuries sustained in a motor vehicle accident that occurred in South Africa?
11:30 a.m.
A-83-09 Hopewell Valley Citizens’ Group v. Berwind Property Group Development Co.
Should the time for filing an action challenging this site plan approval be extended for six days under the circumstances presented?
2 p.m.
D-146-09 In the matter of Ian W. Marrero
Wednesday, Oct. 13, 2010
10 a.m.
A-79-09 Division of Youth and Family Services v. P.W.R.
Did the trial court err in finding that defendant abused and neglected her sixteen-year-old stepdaughter within the meaning of N.J.S.A. 9:6-8.21(c), by slapping her and taking her paycheck, among other things?
A-80-09 State v. W.B.
In this trial on charges of sexual assault, was it reversible error to admit the testimony of the State’s expert on Child Sexual Abuse Accommodation Syndrome that few children lie about sexual abuse; and the testimony of the victim’s boyfriend relating the victim’s allegations under the fresh complaint rule?
11:45 a.m.
A-102/103-09 Kent Motor Cars, Inc. v. Reynolds and Reynolds Co.
Was defendant entitled to the sanction of dismissal of the action under Rule 4:5-1(b)(2) because plaintiff failed to provide notice in its first pleading in prior litigation that defendant was a potentially liable party?
Tuesday, Oct. 12, 2010
10 a.m.
A-75-09 In the Matter of the Provision of Basic Generation Service for the Period Beginning June 1, 2008
Was the decision of the New Jersey Board of Public Utilities, which approved the pass-through to utility ratepayers of a portion of the costs of solar renewable energy certificates, arbitrary and capricious or made in violation of the notice and hearing requirements of the Electric Discount and Energy Competition Act, N.J.S.A. 48:3-49 to -98.1, the Administrative Procedures Act, N.J.S.A. 52:14B-1 to -25, and procedural due process rights?
A-81-09 He v. Miller
Did the trial court err in remitting the plaintiff’s jury verdict for pain and suffering?
11:30 a.m.
A-67-09/A-17-10 State v. Daniel Twian Brown
Were defendant’s custodial statements, made after he was unlawfully arrested, admissible?
2 p.m.
D-141-09 In the Matter of Stephen Tsai
Tuesday, Sept. 28, 2010
10 a.m.
A-91-09 David Johnson v. Molly Johnson
Should the decision in Fawzy v. Fawzy, 199 N.J. 456 (2009), which allows for the arbitration of disputes relating to custody and parenting time under certain conditions, be applied retroactively?
A-76-09 Town of Kearny v. Discount City of Old Bridge, Inc.
Where a municipality proposes to condemn only a tenant’s leasehold interest under the Local Redevelopment and Housing Law (LRHL), N.J.S.A. 40A:12A-1 to -73, does the tenant have a right to individual notice of the proposal?
11:30 a.m.
A-69-09 Lula M. Henry v. New Jersey Department of Human Services, et al.
Was plaintiff’s complaint alleging racially discriminatory hiring practices and retaliation under the Law Against Discrimination time-barred by the two-year statute of limitations?
Monday, Sept. 27, 2010
10 a.m.
A-60-09 State v. Aurelio Ray Cagno
May a co-conspirator’s refusal to testify over a grant of immunity and signal of “thumbs up” to defendant as he left the courtroom at defendant’s first trial be considered at the second trial as overt acts in furtherance of an ongoing racketeering conspiracy, N.J.S.A. 2C:41-2(d); and did the jury charge on termination of a conspiracy improperly shift the burden of proof to defendant to establish that he withdrew from the conspiracy prior to the five-year statute of limitations?
A-68-09 State v. Eduardo McLaughlin
Were certain hearsay statements of a co-conspirator admissible under N.J.R.E. 803(c)(3), and did the trial court commit plain error in its jury instructions on accomplice liability?
11:45 a.m.
A-74-09 County of Hudson v. State of New Jersey, Department of Corrections
Did the County’s amended complaint against the State seeking reimbursement for providing prison beds comply with the notice provisions of the Contractual Liability Act, N.J.S.A. 59:13-1 to -10?
Tuesday, Sept. 14, 2010
10 a.m.
A-82-09 In the Matter of the Expungement Petition of D.H.
If a public employee’s guilty plea to a disorderly persons offense includes an agreement to forfeit her position and be forever disqualified from public office, does the expungement of the conviction also eliminate the disqualification provision?
A-85-09 G.D. v. Bernard Kenny and the Hudson County Democratic
Organization Inc.
May defendants, who were sued for libel for circulating political flyers referring to plaintiff's criminal history, assert truth as a defense where plaintiff's conviction had been expunged under N.J.S.A. 2C:52-1 to -32?
11:15 a.m.
A-64-09 State v. Andrea Hernandez a/k/a Andrea Rosario
Was defendant properly awarded jail credit under the circumstances presented?
A-65-09 State v. Derrick Wayne Rose
Where defendant was sentenced to a five-year sentence with a three-year period of parole ineligibility and a consecutive four-year flat sentence, were defendant’s jail credits properly allocated to the flat sentence?
2 p.m.
D-102-09 In the matter of Peter Roy Cellino
M-1479-09 In the matter of Deirdre A. Przygoda
M-1584-09 In the matter of Raymond T. Roche
Monday, Sept. 13, 2010
10 a.m.
A-66-09 State v. Michael Derry
Was defendant denied a fair trial because the State failed to disclose the dismissal of a pending criminal charge against a key State witness and because of other trial errors?
10:45 a.m.
A-72-09 State v. Damu Alston
Did police officers fail to scrupulously honor an equivocal request for counsel thereby requiring the suppression of defendant’s subsequent confession?
11:30 a.m
A-87-09 Alexander v. Seton Hall University
Did the employer’s act of payment constitute continuing discrimination for purposes of determining whether plaintiffs’ complaint alleging sex and age discrimination in pay was timely filed?
2 p.m.
D-99-09 In the matter of Donald S. Rosanelli
D-104-09/R-10-09 In the matter of James K. Record