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, not all issues may have been summarized.
A-64-09 State v. Andrea Hernandez a/k/a Andrea Rosario (64,946)
Was defendant properly awarded jail credit under the circumstances presented?
Certification granted 1/14/10
Argued:
Decided:
A-63-09 State v. Fernando Feliciano, Jr. (65,293)
May a defendant be detained without bail before trial and, if so, under what circumstances?
Leave to appeal granted 1/8/10
Argued:
Decided:
A-62-09 Estate of Nick Hanges v. Metropolitan Property & Casualty Ins. Co. (64,789)
Were the decedent’s statements concerning the cause of his automobile accident admissible under N.J.R.E. 804(b)(6)?
Certification granted 12/21/09
Argued:
Decided:
A-61-09 State v. Marcus McMullen (64,856)
Was defendant’s prison sentence permissible under State v. Natale, 184 N.J. 458 (2005), which prohibits a sentence above the presumptive statutory term based solely on judicial fact-finding, because the court found that defendant is a danger to the public and thus the presumption against imprisonment established by N.J.S.A. 2C:44-1(e) was overcome?
Certification granted 12/21/09
Argued:
Decided:
A-60-09 State v. Aurelio Ray Cagno (64,834)
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?
Certification granted 12/17/09
Argued:
Decided:
A-58/59-09 State in the Interest of A.S., a Juvenile (64,750)
When the parent of a juvenile suspected of committing a sexual offense also has a close family relationship with the victim, must an attorney be present during any interrogation of the juvenile?
Certification granted 12/16/09
Argued:
Decided:
A-57-09 TAC Associates v. New Jersey Department of Environmental Protection (64,570)
Is the Economic Development Authority’s regulation, N.J.A.C. 19:31-8.2, which provides that an applicant for an Innocent Party Grant must retain ownership of the real property until the application process is complete, authorized under the relevant provisions of the Hazardous Discharge Site Remediation Fund?
Certification granted 12/16/09
Argued:
Decided:
A-56-09 State v. Wendell Mann (64,475)
Did police have reasonable suspicion to stop defendant where they observed him in a restaurant parking lot talking with a known drug dealer, the encounter was consistent with the drug dealer’s past pattern of selling drugs from his car, and defendant reacted nervously and fled into the restaurant when the police arrived to execute a warrant to search the drug dealer’s vehicle?
Certification granted 12/11/09
Argued:
Decided:
A-55-09 State v. Laura Moran (64,708)
Is this statute, N.J.S.A. 39:5-31, which grants a judge discretion to revoke a driver’s license for a willful violation of any motor vehicle and traffic laws, unconstitutional because it provides insufficient notice to the public or because it is vague, overbroad, or capable of widely disparate application?
Certification granted 12/3/09
Argued:
Decided:
A-54-09 State v. Alice O’Donnell (64,525)
May police officers seize evidence observed in plain view during a warrantless entry into a residence to provide emergency aid even though there was a short delay between the emergency aid entry and the seizure of the evidence?
Certification granted 12/03/09
Argued:
Decided:
A-53-09 Myron Corp. v. Atlantic Mutual Ins. Corp. (64,450)
Is plaintiff entitled to counsel fees on a policy of insurance pursuant to Rule 4:42-9(a)(6) for prevailing in an out-of-state declaratory judgment action that is based on a related New Jersey action for which plaintiff was awarded counsel fees?
Certification granted 11/20/09
Argued:
Decided:
A-52-09 Hubner v. Spring Valley Equestrian Center (64,749)
Does the release executed by plaintiff preclude her from recovering under the Equestrian Activities Liability Act, N.J.S.A. 5:15-1 to -11?
Certification granted 11/20/09
Argued:
Decided:
A-51-09 Quinlan v. Curtiss-Wright Corp. (64,728)
Was plaintiff’s removal of confidential documents from her employer for use in advancing plaintiff’s gender-discrimination lawsuit against the employer protected activity under the Conscientious Employee Protection Act?
Certification granted 11/10/09
Argued:
Decided:
A-50-09 Ryan v. Renny (64,792)
What must a plaintiff demonstrate to obtain a “good faith effort” waiver of the specialty requirement of the Affidavit of Merit Statute, N.J.S.A. 2A:53A-41?
Certification granted 11/10/09
Argued:
Decided:
A-49-09 Klumpp v. Borough of Avalon (64,722)
May a municipality occupy a property and obtain title through inverse condemnation without initiating condemnation proceedings under the Eminent Domain Act, N.J.S.A. 20:3-1 to -50?
Certification granted 11/10/09
Argued:
Decided:
A-45/46/47/48-09 GF Princeton, LLC v. Ewing Township Planning Board (64,655)
Is the defendant township’s subdivision and site plan approval invalid because the applicants did not provide notice of the applications to this long-term lessee of a portion of the property?
Certification granted 11/10/09
Argued:
Decided:
A-44-09 New Jersey Lawyers’ Fund for Client Protection v. Stewart Title Guaranty Co. (64,755)
May a title insurance company be held liable for a closing attorney’s theft of his clients’ funds under the circumstances presented?
Certification granted 11/04/09
Argued:
Decided:
A-43-09 Stelluti v. Casapenn Enterprises (64,704)
Did the waiver executed by plaintiff as a condition to using defendant’s gym insulate defendant and its employees from liability for negligence?
Certification granted 11/4/09
Argued:
Decided:
A-42-09 Kalogeras v. 239 Broad Avenue, LLC (63,870)
Was plaintiff entitled to specific performance of a contract for the sale of a business that included a liquor license where the transfer of such a license is subject to regulatory approval?
Certification granted 11/4/09
Argued:
Decided:
A-41-09 Paragon Contractors v. Peachtree Condominium (64,325)
Did the failure to schedule a case management conference under Ferreira v. Rancocas Orthopedic, 128 N.J. 144 (2001), toll the time for plaintiff’s compliance with the Affidavit of Merit statute?
Leave to appeal granted 11/4/09
Argued:
Decided:
A-40-09 State v. Shem Walker (64,287)
Did the trial court’s failure to instruct the jury regarding the statutory affirmative defense to felony murder constitute plain error that required a reversal of defendant’s conviction?
Certification granted 10/28/09
Argued:
Decided:
A-39-09 In the matter of the Tenure Hearing of Gilbert Young (64,535)
Could the school district remove this tenured teacher from his position under N.J.S.A. 18A:6-7a after the Department of Children and Families determined that a complaint of child abuse/neglect against the teacher was unfounded?
Certification granted 10/28/09
Argued:
Decided:
A-38-09 Lee v. Carter-Reed Co. (64,808)
Did the trial court properly deny class certification in this case alleging false advertising by the use of mass media?
Leave to Appeal granted 10/23/09
Argued:
Decided:
A-37-09 State v. Brian Yohnnson (64,342)
Were defendant’s incriminating statements admissible under the circumstances, which included custodial interrogation for an extended period before Miranda warnings were administered?
Certification granted 10/23/09
Argued:
Decided:
A-36-09 State v. Jeremiah Hupka (64,462)
Was the defendant, who forfeited his public offices as a police officer and sheriff’s officer as part of a negotiated plea to criminal sexual contact, also barred from any future public employment under N.J.S.A. 2C:51-2(d)?
Appeal as of right
Argued:
Decided
A-35-09 State v. German Marquez (64,524)
Could defendant be convicted of refusal to take a breathalyzer test if the notice informing him of the consequences of such a refusal was read to him in English and defendant does not speak or understand English?
Certification granted 10/14/09
Argued: 2/2/10
Decided:
A-34-09 State v. Eugene Basil (64,224)
Did the police have probable cause to arrest defendant based on the statement of this unknown informant regarding the location of a weapon; and was the witness’s statement identifying defendant admissible?
Certification granted 10/14/09
Argued:
Decided:
A-33-09 In the Matter of the Civil Commitment of W.X.C. (64,501)
Was W.X.C.’s civil commitment permissible when he had not been afforded sex offender treatment while in custody?
Certification granted 10/14/09
Argued:
Decided:
A-32-09 State v. Graciano Martinez Rosales (64,469)
Did the trial court misapply N.J.R.E. 702 by precluding expert testimony in support of defendant’s claim that his confession was involuntary?
Certification granted 10/14/09
Argued: 2/2/10
Decided:
A-31-09 Guido v. Duane Morris, LLP (64,642)
In this legal malpractice action, was the defendant attorney entitled to summary judgment based on the client’s prior agreements to settle the underlying litigation?
Leave to appeal granted 10/8/09
Argued: 1/20/10
Decided:
A-30-09 State v. Donald Kayhart (63,661)
Was defendant’s trial counsel ineffective for failing to request a competency hearing in light of the evidence of defendant’s mental condition?
Leave to appeal granted 10/8/09
Argued:
Decided:
A-29-09 State v. Frank Dellisanti (64,706)
Is the violation of a defendant’s constitutional right to be present at all stages of trial subject to review under the harmless error standard, or does defendant’s nonconsensual absence from the courtroom require automatic reversal and a new trial?
Appeal as of right
Argued: 1/20/10
Decided:
A-28-09 Crespo v. Crespo (64,519)
Does the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -33, improperly convert criminal matters into civil proceedings, and is the Act unconstitutional because it requires a “preponderance of the evidence” rather than a “clear and convincing evidence” standard of proof?
Leave to appeal granted 10/8/09
Argued: 1/6/10
Decided:
A-27-09 State v. John Wessells (64,599)
Once an accused has invoked his right to counsel, may law enforcement authorities initiate further interrogation after there has been a “break in custody”?
Leave to appeal granted 9/24/09
Argued: 1/6/10
Decided:
A-26-09 1717 Realty Associates, LLC v. Borough of Fair Lawn (64,313)
A-25-09 Davanne Realty v. Edison Township (64,495)
Does application of the appeal-preclusion provision contained in N.J.S.A. 54:4-34, which bars owners of income-producing property from contesting a tax assessment if they fail to respond within forty-five days of an assessor’s request for information, result in the imposition of excessive fines in violation of the United States and New Jersey Constitutions?
Certifications granted 9/24/09
Argued: 2/1/10
Decided:
A-24-09 State v. Duane Kelly (64,228)
Where the jury in the first trial found defendant guilty of being an accomplice but acquitted him of possessing the murder weapon, is defendant’s second prosecution for being the principle shooter barred by application of the doctrine of issue preclusion under the double Jeopardy Clause of the United States and New Jersey Constitutions?
Certification granted 9/28/09
Argued: 1/20/10
Decided:
A-23-09 City of Atlantic City v. Trupos (64,799)
Is this law firm that represents numerous Atlantic City taxpayers in their tax appeals disqualified because the firm previously represented Atlantic City in defending other tax appeals?
Leave to appeal granted 9/11/09
Argued: 1/6/10
Decided:
A-22-09 State v. T.M. (64,396)
Is the defendant, the live-in boyfriend of the child-victim’s mother, a “person legally charged with the care and custody” of the child and therefore guilty of first-degree endangering in violation of N.J.S.A. 2C:24-4b(3)?
Certification granted 9/11/09
Argued:
Decided:
A-21-09 State v. P.S. (64,345)
Did the trial court err in ruling that if defendant presented evidence of prior-sexual experience by the child-victim, than the State could introduce evidence of defendant’s other crimes?
Certification granted 9/11/09
Argued: 2/1/10
Decided:
A-20-09 State v. Johnnie Davila (64,177)
Where police were investigating a double murder and evidence linked the crimes to a particular apartment, was the officers’ warrantless protective sweep of the apartment permissible under the Fourth Amendment?
Certification granted 9/11/09
Argued: 2/2/10
Decided:
A-19-09 Marcinczyk v. State of New Jersey Police Training Commission (64,251)
Was plaintiff’s claim for damages against the public entity barred by an exculpatory agreement that he signed as a condition of admission to the Police Academy?
Certification granted 9/11/09
Argued: 1/20/10
Decided:
A-18-09 State v. Karlton L. Blackmon (64,073)
Did the sentencing court abuse its discretion by denying the request of defendant’s father to speak when members of the victim’s family were permitted to speak?
Certification granted 9/11/09
Argued: 2/1/10
Decided:
A-17-09 Linden Board of Education v. Linden Education Association (64,295)
Under the circumstances presented, did the arbitrator exceed his authority by determining that, although there was “just cause” to discipline this employee, it was inappropriate for the board to terminate him?
Appeal as of right
Argued: 1/5/10
Decided:
A-16-09 Stengart v. Loving Care Agency, Inc. (64,556)
Under the circumstances presented, does the attorney-client privilege protect this employee’s emails with her attorney sent through her personal, Internet-based email account while using her employer-issued computer?
Leave to appeal granted 7/29/09
Argued: 12/2/09
Decided:
A-15-09 Dean v. Barrett Homes, Inc. (64,188)
Is a home an integrated “product,” such that the physical damage that a defective component causes to other parts of the home is damage to “the product itself” that is non-recoverable under the Products Liability Act (PLA), N.J.S.A. 2A:58C-1 to -11, and under the “economic loss” doctrine?
Certification granted 7/15/09
Argued: 1/5/10
Decided:
A-13/14-09 Nini v. Mercer County Community College (64,176)
Does the exclusion in the Law Against Discrimination, which states that it does not “bar an employer from refusing to accept for employment or to promote any person over 70 years of age,” N.J.S.A. 10:5-12, apply to the non-renewal of an existing employee’s contract?
Certification granted 7/15/09
Argued: 11/10/09
Decided:
A-12-09 State v. William T. Dolan (64,428) and
A-11-09 State v. Richard Clarke (64,425)
In light of the procedures governing the administration of the Drug Court Program, and the “abuse of discretion” standard for reviewing a prosecutorial objection to Drug Court admission, was it appropriate to order plenary hearings to determine defendants’ eligibility for Drug Court?
Leave to appeal granted 7/20/09
Argued:
Decided:
A-10-09 Highland Lakes Country Club v. Nicastro (64,098)
Does the Affidavit of Merit Statute, N.J.S.A. 2A:53A-26 to -29, apply to these defendants’ third-party claims for indemnification and contribution?
Leave to appeal granted 7/20/09
Argued: 10/27/09
Decided: 12/8/09
A-9-09 City of Long Branch v. Liu (64,361)
In this eminent domain case, are the property owners entitled to compensation for the taking of the additional land that had been created by a beach replenishment project undertaken by the U.S. Army Corps of Engineers, and for the furniture, fixtures, and equipment on the property?
Certification granted 7/20/09
Argued: 12/2/09
Decided:
A-8-09 Asbury Park Press v. County of Monmouth (64,048)
Does the exclusion to the Open Public Records Act for information generated in connection with any sexual harassment complaint that is filed with a public employer, N.J.S.A. 47:1A-1.1, apply to this public entity’s agreement with an employee to settle her sexual harassment lawsuit?
Certification granted 7/20/09
Argued: 11/10/09
Decided: 1/25/10
A-7-09 State v. Tysen R. Privott (64,019)
Under the circumstances presented, was it reasonable for the police to stop and frisk defendant and to lift his shirt to see his waistband based on an anonymous tip about a person carrying a weapon?
Certification granted 7/20/09
Argued: 12/1/09
Decided:
A-6-09 State in the Interest of C.V. (64,307)
In light of State in re S.T., 273 N.J. Super. 436 (App. Div. 1994), N.J.S.A. 2A:4A-38l, and Administrative Office of the Courts Directive #8-04, was this juvenile entitled to receive credit toward her sentence for the time she spent in a secure residential treatment facility?
Certification granted 7/20/09
Argued: 1/5/10
Decided:
A-5-09 State v. Pablo Carvajal (64,051)
Did the defendant abandon his luggage and thereby forfeit the right to object to its warrantless search by denying that he had any luggage when questioned by police?
Certification granted 7/20/09
Argued: 12/1/09
Decided:
A-4-09 Flomerfelt v. Cardiello (64,369)
Does a homeowner’s insurance policy exclusion for injuries arising out of illegal drug use apply to preclude coverage under the circumstances presented?
Leave to appeal granted 7/10/09
Argued: 11/9/09
Decided:
A-3-09 State v. Jason V. Broom-Smith (64,181)
Did the Superior Court’s order issued pursuant to N.J.S.A. 2B:12-6 and Rule 1:12-3(a), which designated each municipal court judge in the county as an acting municipal court judge in every municipality within the county, authorize this municipal court judge to issue a warrant to search defendant’s home in another municipality?
Certification granted 7/10/09
Argued: 1/6/10
Decided:
A-2-09 Victor v. State of New Jersey (63,285)
To establish a failure-to-accommodate disability discrimination claim under the Law Against Discrimination, N.J.S.A. 10:5-1 to -49, must a plaintiff prove that he suffered an adverse employment action as a result of the employer’s failure to accommodate?
Certification granted 6/19/09
Argued: 10/27/09
Decided:
A-1-09 Rabinowitz v. Wahrenberger (64,028)
Under the circumstances presented, was it appropriate to require plaintiff’s attorney to pay the counsel fees awarded for this frivolous litigation?
Certification granted 6/18/09
Decided: Disposed of by Order - Parties agreed to dismiss 11/4/09
A-103-08 612 Associates, LLC v. North Bergen Municipal Utilities Authority (63,808)
Under the Sewerage Authorities Law, N.J.S.A. 40:14A-1 to -45, and the Municipal Land Use Law, N.J.S.A. 40:14B-1 to -78, is the sewerage authority to which a housing development is directly connected the only entity entitled to a sewerage connection fee, or is the entity that has an indirect connection to the property, but which ultimately treats the effluent, entitled to share in the fee?
Certification granted 6/3/09
Decided: 9/30/09 - Summarily remanded to the Appellate Division. No jurisdiction retained
A-102-08 State v. Paula K. Mastro (64,058)
Under the circumstances presented, was the imposition of a five-year term of imprisonment for joyriding and a consecutive 180-day term for violating probation excessive?
Certification granted 5/21/09
Argued:
Decided:
A-101-08 State v. Fareed M. Gandhi (64,011)
Does the purpose and knowledge element of the crime of stalking apply both to a defendant’s conduct and to the result of his conduct, requiring that he had as a conscious object or was aware that his conduct would cause a reasonable person to be in fear; and was the jury charge adequate?
Certification granted 5/21/09
Argued: 10/26/09
Decided:
A-100-08 Iron Mountain Information Management, Inc. v. City of Newark (64,032)
When property is targeted for redevelopment pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 to -49, is a commercial tenant with an option to purchase and right of first refusal in its lease agreement entitled to the same notice as the property owner?
Certification granted 5/21/09
Argued: 12/1/09
Decided:
A-99-08 State v. Cory Bieniek (63,940)
Did the Appellate Division err in remanding the matter to the trial court for reconsideration of defendant’s sentence to afford defense counsel the opportunity to argue that defendant’s sentence should be reduced?
Certification granted 5/21/09
Argued: 11/9/09
Decided: 1/21/10
A-98-08 State v. Danny Mai (63,862)
Under the circumstances presented, was it reasonable for police to open the door of the parked motor vehicle and ask the defendant-passenger to step out of the vehicle?
Certification granted 5/8/09
Argued: 10/13/09
Decided:
A-96/97-08 New Jersey Division of Youth & Family Services v. M.C. III (63,710)
Was this medical form, which was prepared by an emergency room doctor, admissible as a DYFS business record?
Certification granted 5/7/09
Argued: 10/13/09
Decided:
A-95-08 Lucent Technologies, Inc. v. Township of Berkeley Heights (63,895)
Does Rule 8:7(e) permit the Tax court to place limits on the time period within which a municipality may seek dismissal of a tax appeal based on a taxpayer’s false or fraudulent responses to an assessor’s requests for information under N.J.S.A. 54:4-34?
Leave to appeal granted 4/23/09
Argued: 10/14/09
Decided:
A-94-08 Pinto v. Spectrum Chemicals (63,813)
Is the decision of Coleman v. Fiore Brothers, Inc., 113 N.J. 594 (1989), which bars defendants from insisting on waiver or settlement of statutory fees in Consumer Fraud Act claims in which plaintiffs are represented by public-interest law firms, applicable to other fee-shifting statutes?
Leave to appeal granted 4/2/09
Argued: 10/13/09
Decided: 1/21/10
A-93-08 Kay v. Kay (63,836)
When a decedent spouse dies during the pendency of an action for divorce, can the decedent’s estate assert equitable claims sounding in constructive trust or unjust enrichment against the marital estate?
Certification granted 4/2/09
Argued: 10/13/09
Decided: 1/6/10
A-91/92-08 Praxair Technology, Inc. v. Director, Division of Taxation (63,664)
Is a business entity that did not have a physical presence in New Jersey required to pay corporate business tax for any period prior to the 1996 amendment to N.J.A.C. 18:7-1.9(b)?
Certification granted 4/2/09
Argued: 10/26/09
Decided: 12/15/09
A-90-08 Reyes v. Egner (63,711)
Does a realtor marketing a short-term rental property have a duty to a tenant to conduct a reasonable inspection of the property for patent defects?
Certification granted 4/2/09
Argued: 10/27/09
Decided:
A-89-08 State v. Peter O’Brien (63,418)
Did the trial court’s questioning of defendant and the witnesses constitute plain error that requires a retrial?
Certification granted 4/1/09
Argued: 9/15/09
Decided: 12/29/09
A-88-08 State v. Terence McCabe (63,785)
Was this municipal judge required to recuse himself in this DWI matter because he and defendant’s counsel represented adverse parties in an unrelated matter in the Superior Court, Chancery Division?
Leave to appeal granted 3/19/09
Argued: 10/26/09
Decided: 1/25/10
A-87-08 Zabilowicz v. Kelsey (63,781)
In this action for damages resulting from a New Jersey automobile accident between Pennsylvania residents, is plaintiff, whose insurance company is authorized to do business in New Jersey, subject to the verbal threshold of N.J.S.A. 17:28-1?
Certification granted 3/27/09
Argued: 10/14/09
Decided: 12/17/09
A-86-08 Patel v. New Jersey Motor Vehicle Commission (63,429)
In determining whether plaintiff is subject to the assessment of motor vehicle penalty points for her fourth offense of driving in an unsafe manner, is plaintiff entitled to relief under N.J.S.A. 39:4-97.2(e) because of the time interval between her second and fourth offenses?
Certification granted 3/27/09
Argued: 9/15/09
Decided: 11/10/09
A-85-08 State in the Interest of J.S. (63,663)
Can DYFS be required to provide sex offender treatment to an individual who is over twenty-one years of age at the time he is adjudicated delinquent?
Certification granted 1/29/09
Argued:
Decided:
A-84-08 Llanfair House Nursing Home v. Estate of Litchult (63,768)
In this action by a nursing home to collect unpaid charges from the estate of a deceased former resident, should this default judgment be vacated under the circumstances presented?
Certification granted 3/23/09
Stipulation of Dismissal: 7/17/09
A-83-08 In Re Election Law Enforcement Commission Advisory Opinion No. 01-2008 (63,636)
May a former state senator use political campaign contributions to pay legal expenses incurred in defending himself against federal criminal charges?
Certification granted 3/10/09
Argued: 11/9/09
Decided:
A-82-08 State v. Manuel Fajardo-Santos (63,812)
How much impact can a deportation detainer by Immigration and Customs Enforcement have on the setting of bail on a criminal charge?
Certification granted 2/26/09
Argued: 4/28/09
Decided: 7/8/09
A-81-08 Besler v. Board of Education of West Windsor-Plainsboro Regional School District (63,259)
Were plaintiff’s First Amendment rights violated because a school board member denied him the right to speak at a board meeting, and can the Board be held liable for the member’s actions?
Certification granted 2/18/09
Argued: 9/29/09
Decided:
A-80-08 IMO State Grand Jury Investigation (63,460)
Where a corporation is the target of a grand jury investigation and where the corporation selects, hires, and pays attorneys to represent employees who are potential targets or witnesses against the corporation, is an unwaivable conflict of interest created requiring the attorneys’ disqualification?
Leave to appeal granted 2/11/09
Argued: 9/14/09
Decided: 11/23/09
A-78/79-08 Salzano v. North Jersey Media Group, Inc.(63,529)
Did the fair reporting privilege, which protects the press from lawsuits alleging defamation, apply to published articles reporting on allegations contained in a bankruptcy complaint; if not, what standard is used to determine liability where the individual discussed in the articles was a private person but was embroiled in a public matter?
Certification granted 2/11/09
Argued: 10/14/09
Decided:
A-77-08 State v. Thomas E. Best (63,534)
Is reasonable suspicion of drug distribution by a student sufficient to justify the search of the student’s vehicle located on school property?
Certification granted 2/4/09
Argued: 9/14/09
Decided: 2/3/10
A-75/76-08 Association of New Jersey Rifle Clubs v. City of Jersey City (63,385)
Does Jersey City’s gun control ordinance, which prohibits the sale or purchase of more than one handgun within a thirty-day period, violate the State Constitution; and is the ordinance preempted by the State Code of Criminal Justice?
Certification granted 2/4/09
Argued: 4/27/09
Decided: Appeal dismissed as moot by Order 1/4/10
A-74-08 State of New Jersey Division of Youth and Family Services v. I.S. (63,471)
Under the circumstances presented, did DYFS establish the grounds for terminating the biological father’s parental rights under N.J.S.A. 30:4C-15.1(a)?
Certification granted 2/4/09
Argued: 9/30/09
Decided:
A-73-08 Khan v. Singh, M.D. (62,145)
In this medical malpractice case alleging nerve damage caused during an endoscopic disectomy to repair a herniated disc, was plaintiff entitled to a res ipsa loquitur charge that the occurrence bespeaks negligence on the part of defendant?
Appeal perfected 1/11/08
Argued: 3/24/09
Decided: 7/9/09
A-72-08 Roa v. LAFE (63,029)
Did the defendant employer’s actions subsequent to the termination of plaintiff’s employment constitute a continuing violation for determining whether plaintiff’s Law Against Discrimination claim was timely filed?
Certification granted 1/30/09
Argued: 9/14/09
Decided: 1/14/10
A-70/71-08 Robertet Flavors, Inc. v. Tami-Githens, Inc. (63,142)
Was it appropriate to bar plaintiff from presenting any expert testimony because of plaintiff’s spoliation of evidence (replacement of allegedly defective windows)?
Certification granted 1/26/09
Argued: 9/15/09
Decided:
A-69-08 State v. Cecilia X. Chen (63,177)
Where the victim identified the defendant in a photographic array, was defendant entitled to a pretrial hearing challenging the identification because of the victim’s prior individual efforts to confirm the identity of her attacker?
Certification granted 1/22/09
Argued: 9/29/09
Decided:
A-68-08 State of New Jersey Division of Youth and Family Services v. L.L. (63,406)
Which party bears the burden of proof when a biological parent moves to vacate an order of kinship legal guardianship under N.J.S.A. 3B:12A-6(f)?
Certification granted 1/22/09
Argued: 9/30/09
Decided:
A-67-08 State v. Quadir Whitaker (63,360)
May a defendant charged as an accomplice be found guilty of robbery based on his instruction to the principal, uttered during the immediate flight from the scene, to hide the weapon?
Certification granted 1/20/09
Argued: 9/15/09
Decided: 12/7/09
A-66-08 Bowie-McCready v. Morristown Zoning Board of Adjustment (63,318)
Under the circumstances presented, was it arbitrary and capricious for the zoning board to determine that preservation of a historically significant dwelling on a lot zoned for single-family residences constituted a “special reason” under N.J.S.A. 40:55D-70(d) to grant a use variance for the construction of townhouses?
Certification granted 1/20/09
Dismissed: 4/6/09
A-64/65-08 G.H. v. Township of Galloway (63,058)
Does Megan’s Law, N.J.S.A. 2C:7-1 to -21, preempt a municipal ordinance that restricts where a convicted sex offender may live?
Certification granted 1/20/09
Argued: 3/24/09
Decided: 5/7/09
A-63-08 State in the Interest of P.M.P. (63,589)
Is a juvenile delinquency complaint alleging conduct that would constitute an indictable offense if committed by an adult the functional equivalent of an indictment such that it triggers a constitutional right to counsel during post-complaint interrogation of the juvenile?
Leave to appeal granted 1/15/09
Argued: 4/28/09
Decided: 7/29/09
A-62-08 State v. James Robinson (62,964)
Where defendant was tried simultaneously and convicted on multiple drug charges, and the appellate court holds that some of the State’s evidence was inadmissible based on an invalid search warrant, is a reversal required on all charges?
Certification granted 12/15/08
Argued: 4/28/09
Decided: 7/22/09
A-61-08 R.L. v. Voytac (63,262)
Is plaintiff’s complaint alleging sexual abuse for incidents that occurred fourteen years earlier time-barred under N.J.S.A. 2A:61B-1b?
Certification granted 12/12/08
Argued: 2/18/09
Decided: 6/11/09
A-60-08 Brunson v. Affinity Federal Credit Union (63,271)
Can plaintiff maintain a claim of malicious prosecution based on defendants’ initiation of criminal proceedings without having first conducted an adequate investigation into the identity of the individual who opened a fraudulent account in plaintiff’s name and then issued fraudulent checks?
Certification granted 12/4/08
Argued: 3/10/09
Decided: 5/5/09
A-59-08 State v. Oscar Osorio (63,131)
Was the prosecutor’s exercise of peremptory challenges to excuse minority jurors impermissibly discriminatory?
Certification granted 11/6/08
Argued: 4/27/09
Decided: 7/2/09
A-58-08 Lee v. First Union National Bank (63,263)
Is the Consumer Fraud Act, N.J.S.A. 56:8-1 to -106, applicable to the purchase and sale of securities?
Certification granted 11/25/08
Argued: 2/18/09
Decided: 6/3/09
A-57-08 Best v. C & M Door Controls, Inc. (63,168)
What is the effect of the offer of judgment rule, Rule 4:58, on an award of counsel fees under a fee-shifting statute such as the Prevailing Wage Act, N.J.S.A. 34:11-56.25 to -56.47?
Certification granted 11/6/08
Argued: 3/10/09
Decided: 10/14/09
A-56-08 State v. Jayson Williams (63,370)
Is defendant entitled to discovery regarding a supervising investigator’s use of a racial epithet to describe defendant?
Leave to appeal granted 11/25/08
Argued: 2/3/09
Disposed by Order: 2/26/09
A-55-08 Berk Cohen Associates at Rustic Village, LLC v. Borough of Clayton (63,290)
Is a municipality that provides its residents with curbside pickup of solid waste required to provide onsite dumpster pickup at an apartment complex or otherwise reimburse the complex for the cost of such service under N.J.S.A. 40:66-1.3?
Certification granted 11/19/08
Argued: 3/24/09
Decided: 6/23/09
A-54-08 Fernandez v. Nationwide Mutual Fire Insurance Co.(63,163)
Does an automobile insurer’s right to reimbursement for paid personal injury protection benefits have priority over the insured’s right to be made whole where the negligent driver’s insurance does not fully cover the insured’s personal injury damages?
Certification granted 11/19/08
Argued: 4/27/09
Decided: 7/16/09
A-53/25-08 Circus Liquors, Inc. v. Township of Middletown (62,408)
Must a liquor license held in violation of the two-license limit of N.J.S.A. 33:1-12.31 be forfeited, or does the Director of the Division of Alcoholic Beverage and Control have authority to permit the license to be retained until transferred?
Certification granted 11/19/08
Argued: 1/21/09
Decided: 5/6/09
A-51/52-08 New Jersey Shore Builders Association v. Township of Jackson (62,953)
Can a municipality require developers of all sizeable residential developments to set aside land for recreation and open space or to make payments in lieu of those set-asides?
Certification granted 11/14/08
Argued: 3/9/09
Decided: 6/25/09
A-50-08 State v. Richard J. Chippero (62,713)
Did the State’s prior concession that it lacked probable cause to arrest defendant mean that the warrant to search defendant’s residence also was issued without probable cause?
Certification granted 12/4/08
Argued: 9/29/09
Decided: 12/29/09
A-49-08 Sanders v. Langemeir (62,950)
Is this injured passenger entitled to recover personal injury protection benefits from the Property-Liability Insurance Guaranty Association for non-emergency medical treatment?
Certification granted 10/31/08
Argued: 2/18/09
Decided: 5/4/09
A-48-08 Klumb v. Board of Education of the Manalapan-Englishtown Regional School District (63,099)
Is a school board required to reinstate an employee ten years after the employee retired with a disability pension upon a determination that the employee has recovered from the disability?
Certification granted 10/30/08
Argued: 2/17/09
Decided: 5/11/09
A-47-08 In re Attorney General’s “Directive on Exit Polling” (63,087)
Can the Attorney General prohibit the distribution of voters’ rights cards within 100 feet of a polling place and to require notification and registration for exit polling?
Certification granted 10/29/08
Argued: 2/17/09
Decided: 9/30/09
A-46-08 State v. Jose Nunez-Valdez (63,073)
Can defendant’s guilty plea be knowing and voluntarily if his attorney misinformed him regarding the deportation consequences of the plea?
Certification granted 10/22/08
Argued: 3/9/09
Decided: 7/27/09
A-45-08 State v. Maribel Rolon (62,916)
To establish that defendant is guilty of first-degree robbery, is the State required to prove that the defendant intended to use a folding knife that was in his pocket?
Certification granted 10/22/08
Argued: 4/27/09
Decided: 7/13/09
A-44-08 State v. J.G. (63,232)
Did the cleric-penitent privilege established under N.J.R.E. 511, apply to preclude the pastor’s testimony in these circumstances?
Leave to appeal granted 10/20/08
Argued: 9/30/09
Decided:
A-43-08 Burnett v. County of Bergen (63,258)
Do individuals have a constitutional right to privacy that requires the redaction of their social security numbers from realty transfer documents that are produced electronically under the Open Public Records Act, N.J.S.A. 47:1A-1 to -13?
Certification granted 10/17/08
Argued: 11/17/08
Decided: 4/27/09
A-42-08 Hirl v. Bank of America, N.A. (63,091)
Does the New Jersey Electronic Funds Transfer Privacy Act, N.J.S.A. 17:16K-1 to -6, apply to prohibit the disclosure of information about any account with electronic funds capability regardless of whether there has been an actual electronic funds transfer?
Certification granted 10/8/08
Argued: 3/10/09
Decided: 4/1/09
A-41-08 In re Petition of Adamar of New Jersey, Inc. (62,936)
Should the Casino Control Commission’s denial of the application of Tropicana Casino and Resort, Inc., for the renewal of a casino license, be affirmed?
Certification granted 10/8/08
Argued: 11/17/08
Decided: 11/25/08
A-40-08 McDarby v. Merck & Co., Inc. (62,856)
Does the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. §§ 301-397, preempt state law tort claims alleging inadequate warnings in Vioxx labeling that was approved by the Food and Drug Administration?
Certification granted 10/3/08
Argued:
Decided: 5/7/09 by Order - Improvidently granted
A-38/39-08 Fawzy v. Fawzy (62,852)
Can parents resolve custody and parenting time disputes using arbitration?
Certification granted 10/3/08
Argued: 2/3/09
Decided: 7/1/09
A-37-08 In re Appeal by Earle Asphalt Co. (62,955)
Did the political contribution of this Company’s president disqualify the Company from bidding on a State construction project under N.J.S.A. 19:44A-20.14; or did the president’s request for a refund of the contribution entitle the Company to exemption under the safe-harbor provision of N.J.S.A. 19:44A-20.20?
Certification granted 9/23/08
Argued: 11/5/08
Decided: 1/15/09
A-36-08 Penn National Insurance Co. v. Costa (62,735)
In this premises liability suit, should coverage be provided by the automobile insurance policy or the homeowner’s policy where the third party was injured when he slipped on ice and struck his head on the car jack as he was approaching to help the owner change a flat tire?
Certification granted 9/9/08
Argued: 2/3/09
Decided: 3/25/09
A-35-08 DiMisa v. Acquaviva (62,792)
Are plaintiffs entitled to an award of counsel fees on the ground that the award is against a separate and distinct third party; and did the Appellate Division err in remanding issues that were not raised by appellants?
Certification granted 9/15/08
Argued: 1/21/09
Decided: 4/14/09
A-34-08 State v. Lavar Winder (62,697)
Was the trial court required to distinguish between legal and moral wrong in its jury instruction on defendant’s insanity defense, as suggested in State v. Worlock, 117 N.J. 596 (1990)?
Certification granted 9/5/08
Argued: 3/9/09
Decided: 7/28/09
A-33-08 State v. Quinn Marshall (62,289)
Was this search warrant invalid because it did not identify which one of two apartments was to be searched, but authorized the police to search, without further judicial review, the one that they later determined was being used by a suspect for selling illegal drugs?
Certification granted 9/5/08
Argued: 3/24/09
Decided: 7/21/09
A-30/31/32-08 In re Opinion 39 of the Committee on Attorney Advertising (60,003)
Are advertisements that publicize a New Jersey lawyer as among the “Best Lawyers in America” prohibited by RPC 7.1(a) of the Rules of Professional Conduct?
Master’s report filed 6/18/08
Submitted: 12/5/08
Decided: 12/17/08
A-29-08 Nicastro v. McIntyre Machinery America, Ltd. (62,668)
Does New Jersey have jurisdiction over this manufacturer which is located in England and which sold the allegedly defective machinery to an independent distributor in Ohio before the distributor sold it to a New Jersey company?
Certification granted 7/15/08
Argued: 1/21/09
Decided: 2/2/10
A-28-08 State v. Terry Coder (61,526)
Did the trial court abuse its discretion in admitting the out-of-court statements of the child victim of sexual abuse under N.J.R.E. 803(c)(27)?
Certification granted 7/8/08
Argued: 2/17/09
Decided: 5/4/09
A-27-08 State v. Steven Fortin (62,875)
Can defendant be sentenced to life without parole under the recent amendments to N.J.S.A. 2C:11-3, which amendments also eliminated the death penalty, if the maximum parole ineligibility period for a life sentence at the time of defendant’s crime was 30-years?
Leave to appeal granted 7/15/08
Argued: 1/20/09
Decided: 5/12/09
A-26-08 Lyle Real v. Radir Wheels, Inc. (61,588)
Does the Consumer Fraud Act, N.J.S.A. 56:8-1 to -166, apply to an individual defendant’s sale by auction of a used vehicle on an Internet website?
Certification granted 7/15/08
Argued: 1/21/09
Decided: 4/8/09
A-25/53-08 Circus Liquors, Inc. v. Township of Middletown (62,408)
Must a liquor license held in violation of the two-license limit of N.J.S.A. 33:1-12.31 be forfeited, or does the Director of the Division of Alcoholic Beverage and Control have authority to permit the license to be retained until transferred?
Certification granted 7/3/08
Argued: 1/21/09
Decided: 5/6/09
A-24-08 Mt. Holly Township Board of Education v. Mt. Holly Township Education Association (62,703)
Can a school board avoid binding arbitration on an employee’s grievance as provided in a collective bargaining agreement based on conflicting provisions in the employee’s individual contract?
Certification granted 7/23/08
Argued: 1/5/09
Decided: 6/24/09
A-23-08 Jen Electric, Inc. v. County of Essex (62,930)
Does a subcontractor have standing to challenge bid specifications under N.J.S.A. 40A:11-13 of the Local Public Contracts Law?
Certification granted 7/11/08
Argued: 9/23/08
Decided: 3/4/09
A-21/22-08 Leang v. Jersey City Board of Education (62,622)
Were defendants entitled to qualified immunity for their conduct in restraining and transporting plaintiff to a hospital for evaluation?
Certification granted 6/26/06
Argued: 1/5/09
Decided: 4/16/09
A-20-08 Amalgamated Transit Union Local 880 v. New Jersey Transit Bus Operation, Inc. (62,481)
Should the courts confirm this arbitration decision dismissing the union’s grievance on the ground that the parties’ collective bargaining agreement did not authorize a probationary employee to use the grievance process?
Certification granted 6/26/08
Argued: 1/5/09
Decided: 7/15/09
A-19-08 Piermont Iron Works, Inc. v. Evanston Insurance Co. (62,178)
Was this defendant, a surplus lines insurance carrier, required to provide notice of non-renewal to the insured?
Certification granted 6/26/08
Argued: 11/17/08
Decided: 1/29/09
A-18-08 Marino v. Marino (62,410)
Was the plaintiff spouse entitled to have the decedent’s body disinterred and moved under the relevant provisions of the New Jersey Cemetery Act, N.J.S.A. 45:27-22 and -23?
Appeal perfected 6/20/08
Argued: 1/6/09
Decided: 9/24/09
A-17-08 State v. Forrest M. Baker (62,586)
Should the indictment against defendant be dismissed because of the State’s failure to comply with the Interstate Agreement on Detainers, N.J.S.A. 2A:159A-1 to -15; and was it reversible error for the trial court to admit into evidence defendant’s involvement in another crime?
Certification granted 6/12/08
Argued: 1/5/09
Decided: 3/16/09
A-16-08 Bauer v. Nesbitt (62,552)
Can the defendant restaurant be liable for the death of a passenger in a motor vehicle accident caused by the intoxication of the nineteen-year-old driver if the evidence showed that the restaurant served only the visibly-intoxicated passenger but not the underage driver?
Certification granted 6/12/08
Argued: 12/2/08
Decided: 5/7/09
A-15-08 Hemsey v. Board of Trustees, Police & Firemen’s Retirement System (61,372)
Did petitioner’s post-retirement position with the municipality include supervisory and administrative authority over police and fire personnel and thereby violate the prohibition against double dipping of N.J.S.A. 43:16A-15.3, and was petitioner required to repay retirement benefits received during the time he held the position?
Certification granted 6/6/08
Argued: 11/17/08
Decided: 3/24/09
A-14-08 Petition for Review of the Letter Decision of the Committee on Attorney Advertising, Docket No. 47 2007 (62,134)
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?
Petition for review granted 5/29/08
Argued: 12/2/08
Disposed of by Order: 2/26/09
A-13-08 State v. Martin R. Taccetta (62,490)
Was defendant’s trial counsel ineffective in providing advice on the State’s plea offer and is defendant entitled to a new trial because of counsel’s ineffectiveness, notwithstanding the jury’s guilty verdict?
Leave to appeal granted 5/16/08
Argued: 1/20/09
Decided: 7/30/09
A-12-08 State v. Terrence Echols (62,445)
Were defendant’s trial and appellate counsel ineffective for failing to argue that defendant was entitled to an alibi instruction?
Certification granted 5/16/08
Argued: 12/3/08
Decided: 3/12/09
A-10/11-08 Litton Industries, Inc. v. IMO Industries, Inc. (62,409)
Was the trial court’s award to plaintiff of counsel fees, expert fees and costs under the terms of the parties’ contract excessive given the limited relief obtained by plaintiff?
Certification granted 5/16/08
Argued: 12/2/08
Decided: 11/2/09
A-9-08 Pagano Company v. 48 South Franklin Turnpike LLC (62,495)
Did the purchaser of this commercial property assume liability for commissions due to a real estate broker by assumption of the rights and liabilities of the seller under the leases?
Certification granted 5/16/08
Argued: 12/3/08
Decided: 3/9/09
A-8-08 State v. Larry R. Henderson (62,218)
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?
Certification granted 5/16/08
Argued: 1/20/09
Disposition by Order: 2/26/09 Jurisdiction Retained
A-7-08 State v. Anthony Bogan (62,354)
Was the police entry into this apartment in response to a report of sexual molestation of a minor permissible under the exigent circumstances exception to the warrant requirement?
Certification granted 5/16/08
Argued: 1/6/09
Decided: 7/7/09
A-6-08 DYFS v. G.M. (62,300)
Did the trial court err in allowing DYFS to terminate abuse and neglect proceedings after the proceedings led to a change in residential custody of the children from that established by the parents’ divorce decree?
Certification granted 5/16/08
Argued: 1/6/09
Decided: 4/7/09
A-5-08 State v. Alonzo B. Hill (61,831)
Did the trial court’s determination to give a Clawans charge adverse to defendant (instructing the jury that it may draw an inference that a missing witness – defendant’s nephew - would have given evidence unfavorable to defendant who could have produced the witness) constitute plain error?
Certification granted 5/16/08
Argued: 1/20/09
Decided: 7/14/09
A-4-08 Shore Orthopaedic Group v. The Equitable Life Assurance Society (62,302)
Was this insurance coverage a first-party or a third-party policy for the purpose of considering an award of counsel fees under Rule 4:42-9(a)(6)?
Certification granted 5/20/08
Argued: 2/3/09
Decided: 6/22/09
Corrected: 7/20/09
A-3-08 State v. Diego Vallejo (62,307)
Was the trial court’s jury instruction regarding the use of evidence of defendant’s prior bad acts so inadequate as to constitute plain error?
Certification granted 5/6/08
Argued: 1/6/09
Decided: 3/10/09
A-2-08 McKesson Corp. v. Hackensack Medical Imaging (62,351)
Did the Texas courts have personal jurisdiction over this New Jersey defendant and are New Jersey courts required to enforce the Texas judgment?
Certification granted 5/6/08
Argued: 12/2/08
Decided: 1/21/09
A-1-08 Agha v. Feiner (62,172)
Was plaintiff’s suit for injuries suffered in an auto accident subject to involuntary dismissal pursuant to Rule 4:37-2(b) for failure to satisfy the verbal threshold?
Certification granted 5/9/08
Argued: 12/2/08
Decided: 2/26/08
A-117-07 State v. Saleem Allen (62,482)
Should defendant have been allowed to withdraw his guilty plea prior to sentencing on the ground that it was not voluntary?
Certification granted 5/16/08
Argued: 10/7/08
Decided by Order: 2/4/09
A-116-07 DEG, LLC v. Township of Fairfield (62,371)
Can the Township’s governing body vacate a judgment memorializing its settlement of a case that challenged the constitutionality of a statute and under which settlement the Township was enjoined from enforcing the statute?
Certification granted 4/21/08
Argued: 11/5/08
Decided: 3/25/09
A-115-07 State v. Paul Kuchera, Sr. (62,395)
Does State v. Artwell, 171 N.J. 526 (2003), which precludes defense witnesses from appearing in court in physical restraints, also apply to witnesses for the prosecution?
Certification granted 4/11/08
Argued: 11/3/08
Decided: 3/17/09
A-114-07 Czar, Inc. v. Heath (62,362)
Does this contractor’s work fall within the “new residence” exception to the Consumer Fraud Act?
Leave to appeal granted 4/3/08
Argued: 10/20/08
Decided: 3/18/09
A-113-07 Township of West Orange v. 769 Associates (62,201)
When a condemning authority abandons its condemnation action, is the property owner required to demonstrate a causal link between its legal efforts and the authority’s decision to abandon before the owner can recover counsel fees under N.J.S.A. 20:3-26(b)?
Certification granted 4/3/08
Argued: 10/21/08
Decided: 4/9/09
A-112-07 Hardy v. Abdul-Martin (62,228)
Is a passenger in a stolen vehicle subject to this exclusion from insurance coverage for persons injured while occupying “an automobile without permission of the owner” if the passenger was unaware that the vehicle was stolen?
Certification granted 4/3/08
Argued: 11/5/08
Decided: 3/5/09
A-111-07 Ronald Jones v. N.J. State Parole Board (62,097)
Was the Parole Board’s determination to deny plaintiff parole arbitrary and capricious?
Appeal as of right
Dismissed: 4/15/08
A-110-07 Bardis v. First Trenton Insurance Co. (62,157)
In this action seeking underinsured motorist benefits, was plaintiff entitled to have the jury informed that the defendant was his auto insurance carrier?
Certification granted 3/27/08
Argued: 11/17/08
Decided: 6/10/09
A-109-07 McKnight v. Office of the Public Defender (62,192)
When does a cause of action accrue for legal malpractice in a criminal action?
Certification granted 4/8/08
Argued: 10/21/08
Decided: 11/26/08
A-108-07 State v. J.J. (62,132)
Is defendant entitled to withdraw his guilty plea to the charge of child endangerment because he was not informed that the community supervision provision of his plea would prevent him from living with his new wife and her child?
Certification granted 3/27/08
Dismissed: 9/3/08
A-107-07 State v. A.O. (62,096)
Was defendant’s stipulation as to the admissibility at trial of polygraph test results invalid because executed without benefit of counsel?
Certification granted 3/27/08
Argued: 11/3/08
Decided: 3/4/09
A-106-07 Baboghlian v. Swift Electrical Supply Co. (61,311)
Did the owner of the property have a nondelegable duty to ensure that its fire alarm system complied with applicable fire codes even if the owner had no obligation to install the alarm system and the owner contracted with a licensed electrician to install and test the system?
Certification granted 3/27/08
Argued: 10/20/08
Decided: 2/18/09
A-105-07 State v. Dionte Byrd (61,251)
Should New Jersey adopt the forfeiture-by-wrongdoing doctrine, which permits the State to use out-of-court statements of a witness who refuses to testify at trial because of defendant’s threats?
Certification granted 3/27/08
Argued: 1/5/09
Decided: 4/2/09
A-104-07 State v. Angelo A. Grenci, Jr. (61,300)
Could defendant be deemed to have waived his right to be present at trial on charges presented in a superseding indictment when defendant appeared on the original trial date and was not given notice of the additional charges in the superseding indictment prior to the adjourned trial date?
Certification granted 3/12/08
Argued: 11/3/08
Decided: 2/24/09
A-103-07 State v. Rahmann Reeds (61,852)
Was defendant denied a fair trial based on the alleged trial errors, which included the prosecutor’s use of peremptory challenges to excuse African American jurors?
Certification granted 2/29/08
Argued: 11/3/08
Decided: 1/22/09
A-102-07 Mazzacano v. Happy Hour Social Club (61,960)
In this action alleging negligence under the Dram Shop Act on the part of a social club for serving alcohol to a visibly intoxicated person, can plaintiff introduce evidence that the club failed to comply with a provision of its special permit that required it to post monitors next to the beer truck?
Appeal perfected 2/4/08
Argued: 10/6/08
Decided: 1/22/09
A-101-07 State v. Marcellus R. Williams (62,043)
Did the trial court’s reference to defendant’s “guilt or innocence” in the jury instruction improperly shift the burden of proof to defendant and thereby constitute plain error?
Certification granted 2/21/08
Dismissed: 6/24/08
A-100-07 Education Law Center v. New Jersey Department of Education (62,150)
Were the Department’s records in respect of its estimates and analyses of the cost of providing a thorough and efficient education exempted from disclosure under the Open Public Records Act as deliberative materials?
Leave to appeal granted 2/5/08
Argued: 10/21/08
Decided: 3/26/09
A-99-07 State v. Ernest Spell (61,638)
In addressing a challenge to a conviction for a refusal to take a breathalyzer test, did the Appellate Division have the authority to require police to provide additional information to all persons taking a breathalyzer test in the future?
Certification granted 2/5/08
Argued: 10/20/08
Decided: 11/10/08
A-98-07 Jastram v. Kruse (61,958)
Did the Appellate Division err in setting the amount of the remittitur under the circumstances?
Certification granted 2/5/08
Argued: 10/7/08
Decided: 12/23/08
A-97-07 Bosland v. Warnock Dodge, Inc. (61,927)
Does the Consumer Fraud Act, N.J.S.A. 56:8-1 to -20, include as an essential element an attempt to obtain redress from the retailer prior to filing suit?
Certification granted 2/4/08
Argued: 10/6/08
Decided: 2/19/09
A-96-07 Livsey v. Mercury Insurance Group (61,936)
Is an insured entitled to uninsured motorist benefits under her auto insurance policy for injuries sustained in a drive-by shooting while entering her vehicle?
Certification granted 2/4/08
Argued: 9/9/08
Decided: 2/19/09
A-95-07 Vineland Construction Company v. Township of Pennsauken (61,725)
Can a municipality use eminent domain to transfer property from a private owner to a private developer notwithstanding the representations of the private owner that it is ready, willing, and able to abide by the redevelopment plan?
Appeal perfected 1/28/08
Appeal dismissed by Order 5/15/08
A-94-07 State v. Marcus Cassady (61,967)
Did the trial court’s failure to charge the jury on the lesser included offense of theft require the reversal of defendant’s robbery conviction?
Certification granted 1/24/08
Argued: 10/20/08
Decided: 3/11/09
A-93-07 State v. Jama Smith (61,956)
Did the trial court err in its jury instruction regarding the knowledge required to establish the crime of possession of a defaced firearm?
Certification granted 1/24/08
Argued: 10/7/08
Decided: 1/27/09
A-92-07 State v. Paul Amelio (61,798)
Was the stop of this motor vehicle valid based on the phone call to police by defendant’s daughter in which she stated that defendant was “drunk” and described the vehicle and its location?
Certification granted 1/24/08
Argued: 10/6/08
Decided: 12/22/08
A-88/89/90/91-07 Pellicer v. St. Barnabas Hospital (61,691)
Are defendants in this medical malpractice case entitled to a new trial because of errors in the jury selection process and the improper statements and tactics of plaintiff’s counsel?
Certification granted 1/24/08
Argued: 11/5/08
Decided: 7/23/09
A-86/87-07 Lobiondo v. Schwartz (61,643)
In this action alleging malicious use of process against a party and his attorneys, can the party defend on the ground that he was acting on advice of counsel while the attorneys receive immunity?
Certification granted 1/24/08
Argued: 9/23/08
Decided: 5/14/09
A-85-07 State v. John L. Nyhammer (61,732)
Did police have a duty to re-advise defendant of his Miranda rights after informing him that he was a suspect; and did the trial court err in admitting the out-of-court statement of the child victim?
Certification granted 1/18/08
Argued: 10/20/08
Decided: 2/3/09
Corrected Opinion issued: 2/26/09
A-84-07 State v. Vincent Salzillo (61,673)
In the circumstances of this motor vehicle stop, were police justified in conducting a warrantless search of a backpack?
Certification granted 1/18/08
Argued: 10/7/08
Improvidently granted: 5/21/09
A-83-07 New Jersey Shore Builders Association v. Township of Jackson (61,551)
Does a municipality have the authority to enact a tree removal ordinance that requires property owners either to replace any tree that is removed or to make a payment into an escrow fund for the replanting of trees elsewhere in the town?
Certification granted 1/18/08
Argued: 9/9/08
Decided: 5/13/09
A-82-07 State v. David A. Olowu (61,891)
Appeal as of right
Dismissed by Order dated 2/28/08.
A-81-07 In Re: Riverview Professional Services, Inc. (60,628) See A-24-07
Are these nurses engaging in the unauthorized practice of law by appearing as “authorized representatives” of insurance companies at arbitration hearings held pursuant to the New Jersey No-Fault Arbitration Program?
Petition for review granted 6/21/07
Argued: 2/4/08
Dismissed: 2/20/08
A-80-07 M.S. v. Millburn Police Department (61,748)
Was the prosecutor authorized to refuse to return M.S.’s license to possess firearms under a statutory provision adopted in 2004, when M.S.’s license was seized in 1997 as the result of a domestic violence dispute?
Certification granted 11/20/07
Argued: 9/23/08
Decided: 12/23/08
A-79-07 In the Matter of the Civil Commitment of J.M.B. (61,547)
Were J.M.B.’s prior crimes properly determined to be “sexually violent offenses” under the catch-all provision of N.J.S.A. 30:4-27.26(b), thereby subjecting him to civil commitment as a sexually violent predator?
Certification granted 11/20/07
Argued: 9/8/08
Decided: 2/23/09
A-78-07 LaFranco v. Avaya, Inc. (61,871)
In this action against plaintiff’s former employers alleging a violation of the Law Against Discrimination, is the law firm that jointly represented the corporate and the individual defendants at the trial stage disqualified from continuing to represent either defendant on appeal?
Leave to appeal granted 12/6/07
Argued: 3/10/08
Disposed of by order 3/11/08
A-77-07 Sroczynski v. Milek (61,686) See A-68-07
Was the cancellation of this workers’ compensation insurance policy by the compensation carrier ineffective because of the carrier’s failure to include in the notice sent to the Commissioner of Banking and Insurance a certified statement that the notice was served on the employer as required by N.J.S.A. 34:15-81(b)?
Leave to appeal granted 10/31/07
Argued: 5/5/08
Decided: 12/17/08
A-76-07 OFP, LLC v. State of New Jersey (61,621)
Was plaintiff’s complaint challenging limitations on the development of its property under the New Jersey Highland’s Water Protection and Planning Act properly dismissed for failure to exhaust administrative remedies? Does the Appellate Division’s application of the Act to plaintiff’s property constitute an unconstitutional taking?
Certification granted 12/6/07
Argued: 9/23/08
Decided: 12/9/08
A-75-07 Borough of Glassboro v. Fraternal Order of Police Lodge 108 (61,797)
Did the Appellate Division properly allocate the burden of proof in this action by an unsuccessful candidate challenging the promotion of a police officer by a non-civil service municipality?
Certification granted 12/6/07
Argued: 9/8/08
Decided: 11/17/08
A-74-07 State v. Leidy Granados (61,676)
Should the surety that posted this $40,000 bail bond for this criminal defendant be relieved of its obligation if the defendant’s failure to appear is the result of her deportation out of the country?
Certification granted 12/6/07
Argued: 5/6/08
Decided: 8/5/08
A-73-07 State v. Wayne DeAngelo (61,782)
Did the application of this ordinance prohibiting inflatable signs to defendant in the circumstances of this labor dispute infringe upon defendant’s constitutional right to free speech?
Certification granted 12/6/07
Argued: 9/23/08
Decided: 2/5/09
A-72-07 State v. Tony Slater (61,723)
Should the defendant be permitted to withdraw his guilty plea under the circumstances presented?
Certification granted 12/6/07
Argued: 10/7/08
Decided: 2/4/09
A-70/71-07 Lourdes Medical Center v. Board of Review (61,558)
Did the Board of Review apply the appropriate test in determining whether these nurses, employees of the plaintiff medical center, were entitled to unemployment benefits after they walked off their jobs during a labor dispute?
Certification granted 11/20/07
Argued: 9/9/08
Decided: 1/27/09
A-69-07 Polzo v. Township of Millburn (61,719)
Could the County’s failure to repair a pothole on the shoulder of this county road be deemed palpably unreasonable and therefore make the County liable for plaintiff’s injuries under the Tort Claims Act, N.J.S.A. 59:4-2?
Certification granted 11/15/07
Argued: 9/9/08
Decided: 12/3/08
A-68/77-07 Sroczynski v. Milek (61,686)
Was the cancellation of this workers’ compensation insurance policy by the compensation carrier ineffective because of the carrier’s failure to include in the notice sent to the Commissioner of Banking and Insurance a certified statement that the notice was served on the employer as required by N.J.S.A. 34:15-81(b)?
Leave to appeal granted 10/31/07
Argued: 5/5/08
Decided: 12/17/08
A-66/67-07 Ogborne v. Mercer Cemetery Corp. (61,344)
Under the circumstances presented, is the liability of the public entity to be determined by applying the standard of ordinary negligence or the palpably unreasonable standard governing liability for a dangerous condition of public property, N.J.S.A. 59:4-2?
Certification granted 10/31/07
Argued: 10/6/08
Decided: 1/29/09
A-65-07 Riya Finnegan, LLC v. Township Council of South Brunswick (61,503)
Was the defendant municipality’s rezoning of plaintiff’s property invalid because arbitrary and capricious and because it constituted inverse spot zoning?
Certification granted 10/31/07
Argued: 9/22/08
Decided: 12/22/08
A-64-07 Godfrey v. Princeton Theological Seminary (61,268)
Did plaintiffs, students at the defendant institution, present sufficient evidence to establish that defendant was liable under the Law Against Discrimination because it failed to take appropriate steps to protect them from sexual harassment by a member of the public?
Appeal as of right perfected 11/01/07
Argued: 4/7/08
Decided: 8/4/08
A-63-07 Jamgochian v. State Parole Board (61,556)
Where plaintiff is serving community supervision for life as a condition of his release from prison, did the subsequent imposition by his parole officer of a curfew from 8:00 p.m. to 7:00 a.m. violate his due process rights?
Certification granted 11/15/07
Argued: 4/8/08
Decided: 8/6/08
A-62-07 State v. Charles S. Thomas (61,602)
Did the Appellate Division err in exercising its original jurisdiction to reduce defendant’s sentence?
Certification granted 10/24/07
Argued: 5/6/08
Decided: 6/26/08
A-61-07 DeNike v. Cupo (61,609)
Did the trial judge’s actions negotiating future employment with the law firm representing plaintiff and accepting employment shortly after entry of the final judgment create an appearance of impropriety that requires vacating the judgment for plaintiff?
Certification granted 10/24/07
Argued: 5/6/08
Decided: 9/24/08
A-60-07 State in the Interest of S.A.J. (61,646)
In these juvenile proceedings, was it proper to merge the possession of marijuana charge with the traffic offense of possession of CDS in a motor vehicle, thereby allowing the juvenile to avoid the mandatory, two-year license suspension required by N.J.S.A. 39:4-49.1?
Certification granted 10/24/07
Argued: 4/8/08
Decided: 5/12/08
A-58/59-07 State v. Shariff Ingram (61,615)
Was defendant entitled to a new trial based on the trial court’s failure to instruct the jury that if defendant possessed a less-culpable state of mind than his co-conspirators, he could be found guilty as an accomplice to theft, instead of the crimes of robbery and murder committed by the co-conspirators?
Certification granted 10/24/07
Argued: 5/5/08
Decided: 7/21/08
A-57-07 Romagnola v. Gillespie (61,535)
Should the amendments to Rule 4:58-2, the Offer of Judgment Rule, be applied retroactively and thereby prevent plaintiff from recovering counsel fees and interest?
Certification granted 10/24/07
Argued: 5/5/08
Decided: 6/2/08
A-56-07 Brundage v. Estate of Carl Carambio (61,507)
Did plaintiff’s attorney have an ethical responsibility under RPC 3.3(a)(5) to disclose to an appellate panel considering a motion for leave to appeal that a similar legal issue was pending in another appeal in which the attorney was involved?
Certification granted 10/18/07
Argued: 4/8/08
Decided: 7/15/08
A-55-07 Simmermon v. New Wave Plastering, Inc. (61,291)
Did defendant’s failure to provide notice under Rule 4:5-1(b)(2) of a pending Tennessee class action in which plaintiff qualified as a class member prevent defendant from invoking the preclusive effect of the settlement of that Tennessee matter?
Certification granted 10/11/07
Argued: 5/5/08
Decided: 8/11/08
A-54-07 Greely v. Greely (61,540)
Under the circumstances of this divorce and custody action, does New Jersey retain jurisdiction under the Uniform Custody Jurisdiction and Enforcement Act, N.J.S.A. 2A:34-53 to -95?
Certification granted 10/11/07
Argued: 3/10/08
Decided: 3/19/08
A-53-07 Toto v.Ensuar (61,430)
Are claims alleging willful misconduct by public employees subject to the verbal threshold requirements of the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 to 12-3?
Certification granted 10/4/07
Argued: 4/7/08
Decided: 8/4/08
A-52-07 Van Duren v. Rzasa-Ormes (61,429)
Is the provision in this arbitration agreement that precludes judicial review of an arbitration award beyond the trial level enforceable?
Certification granted 10/4/07
Argued: 3/25/08
Decided: 6/19/08
A-51-07 Cutler v. Dorn (60,785)
Were the comments and pranks by plaintiff’s co-workers and supervisors regarding plaintiff’s Jewish religion and ancestry sufficiently severe and pervasive to create a hostile work environment in violation of the Law Against Discrimination, N.J.S.A. 10:5-1 to -49?
Certification granted 10/4/07
Argued: 4/7/08
Decided: 7/31/08
A-49-07 Rosen v. Smith Barney (61,361)
Are the forfeiture provisions of this deferred compensation plan void because in violation of the public policy of the New Jersey Wage Law, N.J.S.A. 34:11-4.1 to -67?
Appeal perfected 9/11/07
Argued: 3/26/08
Decided: 6/25/08
A-48-07 Bedford v. Riello (61,134)
In this action alleging medical malpractice by chiropractors, was plaintiff entitled to a jury instruction that the scope of chiropractic practice under N.J.A.C. 13:44E-1.1(a) is limited to adjustments of the spine and that defendants’ adjustments to plaintiff’s knee were outside the scope of their practice?
Certification granted 9/25/07
Argued: 3/25/08
Decided: 6/18/08
A-47-07 Chubb Custom Insurance Company v. Prudential Insurance Company of America (61,425)
Does the Service of Suit clause in this insurance contract operate as a forum selection clause for the benefit of the defendant-insured?
Certification granted 9/25/07)
Argued: 4/7/08
Decided: 6/26/08
A-46-07 State v. Darren Bradshaw (60,984)
Is it unconstitutional to preclude a defendant from giving alibi testimony because of his failure to provide the State with notice of the alibi as required by Rule 3:12-2?
Certification granted 9/20/07)
Argued: 3/25/08
Decided: 7/10/08
A-45-07 State v. Nazario Ventura (61,419)
Should the surety that posted a $150,000 bail bond for a criminal defendant be relieved of its obligation if the defendant has failed to appear, but the surety claims it lacks the ability to produce the defendant because of his location in a foreign country?
Certification granted 9/20/07
Argued: 5/6/08
Decided: 8/5/08
A-44-07 State v. Angela Baum and Jermel Moore (61,313)
In the circumstances of this traffic stop of an unregistered vehicle operated by a driver unable to produce driving credentials, should the seized evidence be suppressed because of the police officer’s questioning of the driver before administering Miranda warnings?
Leave to appeal granted 9/7/07
Argued: 3/11/08
Reargued: 9/8/08
Decided: 6/15/09
A-43-07 Owens v. Feigin (61,449)
Do the notice provisions of the Tort Claims Act apply to claims asserted under the Civil Rights Act of 2004 and the New Jersey Constitution?
Leave to appeal granted 9/7//07
Argued: 3/25/08
Decided: 6/3/08
A-42-07 State v. Janet Gelman (60,996)
Can a prior uncounseled conviction of a petty disorderly persons offense be used to elevate a disorderly persons offense to an indictable offense under N.J.S.A. 2C:34-1(c)(4)?
Certification granted 9/11/07
Argued: 3/25/08
Decided: 7/8/08
A-41-07 Hess Corp. v. Planning Board of the County of Burlington (61,399)
Did defendant’s failure to act on this application for access to a county road from a proposed gas station within thirty days as specified in N.J.S.A. 40:27-6.7 entitle plaintiff to automatic approval of the application?
Certification granted 9/7/07
Argued: 4/8/08
Decided: 7/16/08
A-40-07 Richard A. Pulaski Construction Co., Inc. v. Air Frame Hangars, Inc. (61,415)
Did plaintiff establish that it was entitled to the extraordinary remedy of a prima facie tort under the circumstances presented?
Certification granted 9/7/07
Argued: 4/7/08
Decided: 7/1/08
A-39-07 McMahon v. City of Newark (61,296)
Under the circumstances of this case, which included determinations by the City that plaintiff had breached a tax abatement agreement and therefore was liable for payment of an added property tax assessment, was plaintiff required to comply with the time limitations established in N.J.S.A. 54:4-63.11 for appealing the added assessment?
Certification granted 9/7/07
Argued: 3/26/08
Decided: 7/17/08
A-38-07 State v. James D. Dorman (61,254)
Did the admission of the breathalyzer machine certificate of operability violate the Confrontation Clause of the United States Constitution in light of Crawford v. Washington, 541 U.S. 36 (2004)?
Certification granted 9/11/07
Argued: 2/5/08
Decided: 6/23/08
A-37-07 Board of Education of the City of Sea Isle v. Kennedy (61,267)
Is a school board member disqualified from office under N.J.S.A. 18A:12-2, for initiating and prosecuting due process proceedings under the Individuals with Disabilities Education Act on behalf of his or her disabled child?
Certification granted 9/7/07
Argued: 5/5/08
Decided: 7/21/08
A-36-07 State v. Franklin Jack Burr, II (61,196)
Under the circumstances presented, was evidence that defendant suffered from Asperger’s Disorder admissible in defending against charges of sexual molestation of a minor?
Certification granted 9/7/07
Argued: 3/10/08
Decided: 6/11/08
A-35-07 Senna v. Florimont (61,350)
In this defamation claim by an operator of a boardwalk arcade game against a competitor, does the “actual malice” standard apply because arcade games are deemed “a highly-regulated industry?”
Certification granted 9/7/07
Argued: 2/20/08
Decided: 9/22/08
A-34-07 Cruz v. Central Jersey Landscaping, Inc. (61,271)
In calculating death benefits under N.J.S.A. 34:15-13 of the Workers’ Compensation Act, does the revised formula adopted by amendment effective January 14, 2004, apply to pending claims that arose prior to the effective date?
Appeal perfected 9/11/07
Argued: 2/20/08
Decided: 6/9/08
A-32-07 State v. Kenneth Nero (61,269)
Does the crime of first degree robbery based on simulation of a weapon include a knowing state of mind as an element of the offense?
Certification granted 7/23/07
Argued: 3/10/08
Decided: 6/30/08
A-31-07 P.V. v. Camp Jaycee (61,193)
Does the New Jersey Charitable Immunity Act, N.J.S.A. 2A:53A-7, provide immunity to this New Jersey defendant in an action by New Jersey plaintiffs for injuries sustained at a camp located in Pennsylvania, or does the law of Pennsylvania, which does not provide for charitable immunity, apply?
Certification granted 7/23/07
Argued: 2/19/08
Decided: 11/24/08
A-30-07 IMO the Application of Robert L. Taylor (61,164)
Was the trial court authorized under N.J.S.A. 2A:158-7 to require the Cape May County Freeholders to pay salary increases to employees in the Prosecutor’s Office?
Certification granted 7/16/07
Argued: 3/26/08
Decided: 7/28/08
A-28-07 Sciarrotta v. Sovereign Bank Arena (61,159)
Did defendants take appropriate steps to protect spectators or warn them about the special dangers inherent in warm-up activities prior to a professional hockey game?
Certification granted 7/6/07
Argued: 2/20/08
Decided: 4/10/08
A-27-07 New Jersey Society for the Prevention of Cruelty to Animals v. New Jersey Dept. of Agriculture (60,854)
Are the Department’s regulations codifying N.J.S.A. 4:22-16.1, which provides for the humane treatment of domestic livestock, invalid because inconsistent with the statute?
Certification granted 7/6/07
Argued: 3/10/08
Decided: 7/30/08
A-25/26-07 State v. Wilberto Rodriguez (61,019)
Did the trial court commit plain error by instructing the jury that self-defense was relevant only when considering purposeful murder and that self-defense could not negate the lesser-included offense of reckless manslaughter?
Certification granted 7/6/07
Argued: 3/26/08
Decided: 6/9/08
A-24-07 In Re: Riverview Professional Services, Inc. (60,628) See A-81-07
Are these nurses engaging in the unauthorized practice of law by appearing as “authorized representatives” of insurance companies at arbitration hearings held pursuant to the New Jersey No-Fault Arbitration Program?
Petition for review granted 6/21/07
Argued: 2/4/08
Dismissed: 10/16/08
A-23-07 State v. Diara Barden (61,002)
Was testimony that defendant sold drugs to the co-defendant over a six-month period prior to the charged robbery admissible as other crimes evidence or under the theory of res gestae?
Certification granted 6/21/07
Argued: 2/19/08
Decided: 6/24/08
A-22-07 Mason v. City of Hoboken (60,920)
Are complaints alleging violations of the Open Public Records Act and the common law right of access subject to the 45-day time limitation applicable to actions in lieu of prerogative writs; and is plaintiff a “prevailing” party entitled to counsel fees under the Act when the government produces its records during the litigation?
Certification granted 6/21/07
Argued: 2/20/08
Decided: 7/22/08
A-21-07 Pizzullo v. New Jersey Manufacturers Insurance Company (60,931)
Does N.J.S.A. 17:28-1.9, which provides immunity to an insurer against claims based on a policyholder’s election of a given level of coverage, apply where a policyholder relies on the insurer’s erroneous oral representations about the amount of coverage?
Certification granted 6/15/07
Argued: 2/4/08
Decided: 8/7/08
A-20-07 Devaney v. L’Esperance (61,061)
Does a long-term, intimate relationship between an unmarried woman and man who did not cohabitate, but who attempted to have a child together, support the woman’s action for palimony?
Certification granted 6/15/07
Argued: 1/22/08
Decided: 6/17/08
A-19-07 Tarr v. Bob Ciasulli’s Mack Auto Mall, Inc. (60,975)
Did the Punitive Damages Liability Act, N.J.S.A. 2A:15-5.9, eliminate general deterrence as a basis for imposing punitive damages?
Certification granted 6/15/07
Argued: 1/22/08
Decided: 3/27/08
A-18-07 The Connecticut Indemnity Company v. Dowdy (60,972)
When an accident occurs while an owner is driving his tractor-truck, without a trailer attached, between his home and the trucking yard, was the owner “engaged in the business of” the trucking company that leased the tractor, thus triggering the company’s policy, or was the tractor being used for personal transportation, thus requiring coverage only under the owner’s personal, non-trucking policy?
Certification granted 6/15/07
Argued: 1/23/08
Decided: 2/11/08
A-17-07 Hunterdon Medical Center v. Township of Readington (61,020)
Is the Hunterdon Medical Center entitled to a local property tax exemption under N.J.S.A. 54:4-3.6 for a portion of its property that houses physical therapy services?
Certification granted 6/15/07
Argued: 1/22/08
Decided: 7/14/08
A-16-07 State v. Carlos Feal (61,104)
Does the holding of State v. Daniels, 182 N.J. 80 (2004), which prohibits a prosecutor from commenting generally on a defendant’s ability to tailor his testimony because of his presence at trial, apply retroactively to cases on direct appeal?
Certification granted 6/7/07
Argued: 1/23/08
Decided: 4/8/08
A-15-07 State v. Charles Fuller (60,986)
Was this warrantless search of an automobile during this traffic stop permissible under the automobile exception to the warrant requirement after defendant had been arrested and secured in the patrol vehicle?
Certification granted 6/7/07
Argued: 3/11/08
Reargued: 9/22/08
Decided: 2/25/09
A-14-07 United States Department of Agriculture v. Scurry (60,980)
Was defendant entitled to have the sheriff’s sale of her property set aside where plaintiff acknowledged that defendant did not receive notice of that sale?
Certification granted 6/7/07
Argued: 1/7/08
Decided: 2/21/08
A-13-07 State v. Scott Schnabel (61,091)
Should evidence that the children had previously been the victims of sexual assault be admissible in light of the State’s cross-examination of defendant about whether he knew any reason why the children would lie?
Certification granted 6/7/07
Argued: 3/11/08
Decided: 7/29/08
A-12-07 State v. Michael Lisa (61,075)
Did the trial court err when it dismissed the reckless manslaughter charge on the ground that defendant did not have a duty to aid the victim who died after ingesting drugs and alcohol?
Leave to appeal granted 5/24/07
Argued: 2/19/08
Decided: 4/22/08
A-11-07 State v. Sharif Cook (61,065)
In this capital murder trial, can the Public Defender replace designated trial counsel over the objections of defendant and counsel?
Leave to appeal granted 6/1/07
Argued: Canceled
Decided: 2/14/08
A-10-07 Morella v. Grand Union (60,988)
Is an employee who seeks compensation for injuries sustained from a self-insured employer that later becomes insolvent required to file a claim in the employer’s bankruptcy proceeding to be eligible for benefits from the Self Insurers Guaranty Association under N.J.S.A. 34:15-120.18(a)?
Certification granted 6/1/07
Argued: 1/7/08
Decided: 1/30/08
A-9-07 Jablonowska v. Suther (60,836)
Does the verbal threshold limitation established by N.J.S.A. 39:6A-8(a) apply to a claim for emotional distress damages under Portee v. Jaffee, 84 N.J. 88 (1980)?
Certification granted 6/1/07
Argued: 1/8/08
Decided: 6/10/08
A-8-07 State v. Michael Taffaro (61,037)
Did the trial court’s extensive questioning of defendant and the prosecutor’s cross-examination about statements defendant did not make to his attorney constitute plain error?
Certification granted 5/21/07
Argued: 2/19/08
Decided: 7/1/08
A-7-07 Villa v. Short (60,630)
Does the exclusion in this homeowner’s insurance policy for intentional acts of an insured bar coverage in this action by a minor alleging negligent supervision, where the minor was sexually molested by the homeowner’s adult son?
Certification granted 5/16/07
Argued: 1/7/08
Decided: 6/5/08
A-6-07 IMO Alleged Improper Practice of Port Authority (60,569)
Was the Port Authority required to negotiate with the police union regarding the hiring of an outside entity to provide security services for the international air terminal at one of the Authority’s airports?
Certification granted 5/16/07
Argued: 2/4/08
Decided: 4/9/08
A-4/5-07 State v. Ryan Buda (60,611)
Did the admission of this child victim’s statements regarding the cause of his injuries violate the Confrontation Clause as interpreted by the U.S. Supreme Court in Crawford v. Washington, 541 U.S. 36 (2004)?
Certification granted 5/16/07
Argued: 2/5/08
Decided: 6/23/08
A-3-07 State v. Richard Berezansky (59,857)
Does the double jeopardy clause bar a retrial when defendant’s conviction of driving under the influence is vacated because the State failed to present sufficient evidence of the chain of custody of defendant’s blood sample?
Certification granted 5/16/07
Argued: 2/5/08
Decided: 6/23/08
A-2-07 State in the Interest of J.A. (59,684)
Were the hearsay statements of a non-testifying witness admissible in these delinquency proceedings?
Certification granted 5/16/07
Argued: 2/5/08
Decided: 6/23/08
A-1-07 State v. William Sweet (59,661)
In proving the reliability of these breathalyzer readings, was the certificate of analysis of the ampoule solution admissible, and did the officer’s testimony demonstrate that he followed the appropriate protocol in gauging the ampoules?
Certification granted 5/16/07
Argued: 2/5/08
Decided: 6/23/08
A-130-06 In re: Opinion 710 on the Advisory Committee on Professional Ethics (60,635)
Is it unethical for an attorney representing a party to a real estate transaction to increase the purchase price and the amount of the mortgage contingency and then have the seller give a credit to the buyer in the increased amount at closing?
Certification granted 5/11/07
Argued: 1/8/08
Decided: 2/6/08
A-129-06 State v. Juan Pena-Flores (60,886)
Was this warrantless search of an automobile after the removal of the occupants permissible under the automobile exception to the warrant requirement?
Leave to appeal granted 5/11/07
Argued: 3/11/08
Reargued: 9/22/08
Decided: 2/25/09
A-128-06 Rutgers Casualty Insurance v. LaCroix (60,842)
When the insured omits information in the insurance application that his adult, licensed daughter resides with him, is the daughter nonetheless entitled to personal injury protection benefits for injuries sustained while operating the insured vehicle?
Certification granted 5/11/07
Argued: 11/28/07
Decided: 5/14/08
A-127-06 In re: Application of Virtua-West Jersey Hospital (60,815)
Was the issuance of this certificate of need for a regional perinatal center authorized under the Health Care Facilities Planning Act when the Commissioner’s call, which invited specific types of certificate of need applications, did not invite applications for a regional perinatal center?
Certification granted 5/3/07
Argued: 11/27/07
Decided: 4/23/08
A-126-06 Utley v. Board of Review (60,750)
Did plaintiff’s reason for resigning from work -- loss of transportation from a co-worker several months after the employer changed his shift -- constitute good cause attributable to such work under N.J.S.A. 43:21-5(a), thereby making plaintiff eligible to receive unemployment benefits?
Certification granted 5/3/07
Argued: 11/27/07
Decided: 5/15/08
A-125-06 Shotmeyer v. New Jersey Realty Title Insurance Company (60,718)
In this action for coverage under a title insurance policy, where a general partnership transfers property by deed to a limited partnership owned by the same individuals, did the title policy purchased by the general partnership continue to afford coverage to those individuals after the transfer?
Certification granted 5/3/07
Argued: 11/28/07
Decided: 6/5/08
A-124-06 State v. Tykim Kemp (60,472)
Did the admission of other crimes evidence and the State’s references to hearsay evidence deprive defendant of a fair trial?
Certification granted 5/3/07
Argued: 11/13/07
Decided: 6/16/08
A-123-06 Toll Brothers, Inc. v. County of Burlington Board of Chosen Freeholders (60,261)
Is this developer’s agreement, which provides for the developer to pay more than a pro-rata share for off-site road improvements, enforceable where the scope of development is reduced after execution of the agreement?
Certification granted 5/3/07
Argued: 10/23/07
Decided: 3/31/08
A-122-06 Reilly v. AAA Mid-Atlantic Insurance Company (60,856)
Can an insurer assess insurance eligibility points against the insured driver for an “at-fault” accident under N.J.S.A. 17:33-B14 and N.J.A.C. 11:3-34.3, absent proof of negligence on the part of the driver?
Certification granted 4/30/07
Argued: 11/27/07
Decided: 5/14/08
A-121-06 IMO the Estate of Madeline Stockdale (60,781)
In this will contest alleging undue influence, did the Appellate Division properly remand the matter to the trial court for reconsideration of the punitive damages claim?
Certification granted 4/19/07
Argued: 10/9/07
Decided: 7/22/08
A-120-06 State v. Luis Garcia (60,807)
Did the trial court err in denying defendant’s request for an adjournment of trial to arrange to have an incarcerated co-defendant appear and testify?
Certification granted 4/12/07
Argued: 2/19/08
Decided: 6/18/08
A-119-06 State v. William Allegro (60,574)
Was defendant entitled to post-conviction relief based on a claim of ineffective assistance of counsel that was demonstrated, in part, by his attorney’s disbarment for gross neglect and a lack of diligence shortly after defendant’s trial?
Appeal as of right
Argued: 11/13/07
Decided: 1/29/08
A-118-06 State v. Charles Watkins (60,753)
Did the prosecutor err in concluding that defendant’s conduct fraudulently cashing unemployment checks over a four-month period constituted a “continuing criminal enterprise” within the meaning of Rule 3:28-3(i)(2) that could serve as a basis for denying defendant’s application into the pre-trial intervention program?
Certification granted 4/4/07
Argued: 11/13/07
Decided: 2/21/08
A-117-06 Sinclair v. Merck & Co. (60,683)
Can plaintiffs maintain this class action seeking recovery in the form of medical monitoring as a result of their increased risk of cardiovascular harm caused by their use of the drug Vioxx?
Certification granted 4/4/07
Argued: 10/22/07
Decided: 6/4/08
A-116-06 State v. James Comer (60,733)/ A-103-06 State v. Ibn Adams (60,614)
Should the out-of-court and in-court identifications of defendant have been excluded, and did the trial court commit reversible error in failing to instruct the jury on the testifying co-defendant’s plea agreement?
Certification granted 2/23/07
Certification granted 5/8/07
Argued: 10/23/07
Decided: 3/26/08
A-115-06 State v. Morgan Scott (60,298)
Did the State present sufficient evidence to prove that defendant actually or constructively possessed the cocaine found in the vehicle in which he was a passenger?
Appeal as of right
Argued: 10/10/07
Decided: 1/10/08
A-112/113-06 Division of Youth and Family Services v. E.P. (60,528)
Did the trial court err in terminating E.P.’s parental rights given the evidence presented that termination will cause harm to the child and that the potential for an alternative permanent placement was minimal?
Certification granted 3/29/07
Argued: 1/22/08
Decided: 7/14/08
A-111-06 State v. Mylee Cottle (59,976)
Was defendant entitled to post-conviction relief based on his trial attorney’s undisclosed conflict that resulted from the attorney’s indictment by the prosecutor in separate proceedings; or based on a claim of ineffective assistance of counsel?
Certification granted 3/29/07
Argued: 10/22/07
Decided: 5/6/08
A-109-06 State v. Manuel Ortiz (60,609)
Can a defendant who is adjudicated not guilty by reason of insanity, and released under the supervision of a relative conditioned on attendance at an out-patient mental health program, also be subjected to periodic hearings under State v. Krol, 68 N.J. 236 (1975)?
Certification granted 3/20/07
Argued: 11/13/07
Decided: 1/17/08
A-107/108-06 Tartaglia v. UBS PaineWebber, Inc. (60,408)
Was plaintiff entitled to a new trial on her claim of retaliatory discharge in violation of the Law Against Discrimination because of the combined effect of the trial errors?
Certification granted 3/20/07
Argued: 10/10/07
Decided: 12/16/08
A-106-06 Oberhand v. Director, Division of Taxation (60,273)
Does the doctrine of manifest injustice apply to prohibit the retroactive application of an estate tax?
Certification granted 3/20/07
Argued: 10/9/07
Decided: 2/27/08
A-105-06 State v. Shirley Reid (60,756)
Does an internet user have a right to privacy to information maintained by their internet service provider under the New Jersey Constitution?
Leave to appeal granted 3/15/07
Argued: 10/22/07
Decided: 4/21/08
A-104-06 Wein v. Morris (60,521)
Did the trial court err in entering an order on its own motion compelling arbitration of this dispute, and did defendants waive their right to complain of that order by engaging in the arbitration proceedings?
Certification granted 3/15/07
Argued: 10/22/07
Decided: 4/14/08
A-103-06 State v. Ibn Ali Adams (60,614) / A-116-06 State v. James Comer (60,733)
Should the out-of-court and in-court identifications of defendant have been excluded, and did the trial court commit reversible error in failing to instruct the jury on the testifying co-defendant’s plea agreement?
Certification granted 5/8/07
Certification granted 2/23/07
Argued: 10/23/07
Decided: 3/26/08
A-99/100/101-06 Sensient Colors, Inc. v. Allstate Insurance(60,404)
Should plaintiff’s later-filed New Jersey coverage action seeking reimbursement for remediation of property located in New Jersey be dismissed in favor of defendant’s first-filed New York action?
Certification granted 2/23/07
Argued: 10/9/07
Decided: 1/29/08
A-97-06 Honeywell International v. Travelers Casualty (60,637)
Should plaintiff’s later-filed New Jersey coverage action be dismissed or stayed on principles of comity in favor of defendant’s first-filed New York action?
Leave to appeal granted 2/23/07
Argued: No
Decided: 6/3/08
A-96-06 State v. Jane Chun (58,879)
Are alcotest instruments scientifically reliable for establishing blood alcohol levels in prosecutions under N.J.S.A. 39:4-50?
Report of Special Master filed 2/13/07
Argued: 4/5/07
Re-argued: 1/7/08
Decided: 03/17/08
A-92-06 Sahli v. Woodbine Board of Education (60,283)
Is a school board attorney entitled to indemnification under N.J.S.A. 18A:16-6, which provides for such indemnification in defense of a civil action for "any person holding any office, position or employment" with a board of education?
Certification granted 1/31/07
Argued: 9/25/07
Decided: 1/30/08
A-87-06 State v. David Wilder (60,370)
Was defendant entitled to a verdict of acquittal on the charge of serious bodily injury murder; and did the trial court's denial of the motion for acquittal require the reversal of defendant's conviction on the lesser-included offense of manslaughter?
Certification granted 1/12/07
Argued: 9/25/07
Decided: 1/31/08
A-86-06 Hisenaj v. Kuehner (60,026)
Was it an abuse of discretion for the trial court to allow a biomechanical engineer to testify that this low-impact, rear-end collision could not have caused plaintiff’s injuries?
Certification granted 1/12/07
Argued: 11/13/07
Decided: 3/6/08
A-85-06 Township of Middletown v. Simon (60,057)
Did the issuance of a tax sale certificate and the entry of a tax foreclosure judgment on this property preclude the municipality from dedicating the property for public use as a park?
Certification granted 1/12/07
Argued: 9/11/07
Decided: 1/15/08
A-81-06 State v. Andre Johnson (59,885)
Was the handgun seized by police inadmissible under the exclusionary rule in the circumstances presented?
Certification granted 12/13//07
Argued: 9/25/07
Decided: 2/26/08
A-78-06 State v. George Jenewicz (60,040)
Was defendant entitled to a reversal of this murder conviction because of the prosecutor's cross-examination of defendant's expert on issues not testified to by the expert; the jury instructions on defendant's claim of self-defense; and the trial court's denial of defendants motion to sever the charge of hindering apprehension?
Certification granted 12/8/06
Argued: 9/11/07
Decided: 1/28/08
A-70/71/72/73-06 IMO the Trust Agreement of John Seward Johnson (60,238)
Was it proper to apply the Doctrine of Probable Intent to conclude that the term "spouses" in this Trust Agreement includes surviving spouses of the grantor's deceased children?
Appeal as of right
Argued: 9/25/07
Decided: 4/3/08
A-57-06 State v. Frederick T. Hamilton (59,444)
In this criminal trial on charges of drug possession where defendant was arrested while being questioned regarding the suspicious death of an acquaintance, was the trial court required to sanitize the evidence of defendant's prior homicide conviction?
Certification granted 10/19/06
Argued: 10/10/07
Decided: 1/16/08
A-40-06 State v. Sulaiman A. Sloane (59,813)
Were police authorized to perform a computer check on the driver's license of a passenger in this motor vehicle under the circumstances?
Certification granted 10/5/06
Argued: 9/24/07
Decided: 2/11/08
A-33-06 State v. Nathaniel Harvey (58,720)
Capital cause; appeal from denial of petition for post-conviction relief.
Appeal as of right
Argued: 10/10/07
Remanded: 2/7/08
A-25-06 In the matter of Systemic Proportionality Review Project
Court to address issue of county variability in the prosecution of capital causes.
Argued: 10/17/06
Dismissed as Moot: 2/29/08
A-123-05 Joseph Guadagno v. Board of Trustees, PFRS (59,221)
Can a verbal threat qualify as a “traumatic event” so that a senior corrections officer would qualify for accidental disability pension benefits pursuant to N.J.S.A. 43:16A-7?
Appeal as of right
Argued: 10/10/06
Re-Argued: 11/28/07
Decided: 2/11/08
A-101-05 Moore v. State Police Retirement Sys. (59,033)
Can racial harassment, absent the application of an external physical force, constitute a “traumatic event” sufficient to establish a State Trooper’s eligibility for an accidental disability pension from the State Police Retirement System pursuant to N.J.S.A. 53:5A-10(a)?
Certification granted: 3/30/06
Argued: 10/10/06
Re-Argued: 11/28/07
Decided: 2/11/08
A-99-05 Patterson v. Board of Trustees, State Police Retirement System (59,095)
Can verbal abuse, absent the application of an external physical force, constitute a “traumatic event” sufficient to establish a State Trooper’s eligibility for an accidental disability pension from the State Police Retirement System pursuant to N.J.S.A. 53:5A-10(a)?
Certification granted: 3/16/06
Argued: 10/10/06
Re-Argued: 11/28/07
Decided: 2/11/08
A-25-04 State v. David Cooper (55,553) - Remanded to Trial Court
Capital appeal, denial of post-conviction relief.
Appeal as of Right
Argued: 3/29/05
Decided: 2/7/08
A-63-03 State v. Sean Kenney (formerly Richard Feaster)
Capital cause, post-conviction relief.
Argued: 3/20/07
Decided: 2/7/08 |
