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SUPREME COURT CASES ADDED BETWEEN
SEPTEMBER 5, 2000
AND NOVEMBER 30, 2000
A-1-00 Zacarias v. Allstate Insurance Co.
Is the interspousal exclusion in this boatowners’
liability insurance policy unenforceable as contrary to the reasonable
expectations of the insured?
(Notice of appeal filed 6/5/00)
A-2-00 State v. Papasavvas
Capital cause, proportionality review.
A-4-00 Northwest Convenant Medical Center v.
Fishman
Is plaintiff’s appeal challenging the 1997 allocation
by the N.J. Department of Health of the charity care subsidy entitlement barred
by the statute of limitations and the doctrine of laches?
(Certification granted 9/8/00)
A-5-00 State v. Maurice Williams
Where this fifteen-year-old defendant was tried as an adult
and convicted of murder and attempted murder, was the sentence of life plus 20
years, with a parole ineligibility period of 40 years, excessive?
(Certification granted 9/8/00)
A-6-00 Hubbard v. Reed
Is an affidavit of merit required pursuant to the Affidavit
of Merit Statute, N.J.S.A. 2A:53A-27, where plaintiff claims that the
dental malpractice can be proven without the need for expert testimony?
(Certification granted 9/8/00)
A-7-00 McKeand v. Gerhard
Was it appropriate to award prejudgment interest under
R. 4:42-11(b) on that portion of the jury’s
personal injury award that represents future lost wages?
(Certification granted 9/8/00)
A-8-00 Christie v. Lucas
Should the trial court’s order dismissing with
prejudice this legal malpractice complaint for failure to serve an affidavit of
merit pursuant to the Affidavit of Merit statute, N.J.S.A. 2A:53A-27, be
vacated where the negligent acts on which the malpractice claim was based
occurred prior to the effective date of the statute but the ultimate injury
(the final dismissal of the complaint with prejudice) occurred afterward?
(Leave to appeal granted 9/8/00)
A-9-00 J.B. V. M.B.
Where a couple created frozen embryos during the marriage
and then divorced, can one party preserve the embryos for future use over the
objections of the ex-spouse?
(Certification granted 9/20/00)
A-10-00 State v. Maurice Sullivan
Was the information provided to police by the criminal
informant adequately corroborated by the police investigation to establish
probable cause for the issuance of the search warrant?
(Certification granted 9/20/00)
A-11/51-00 State v. R.D.
Was defendant entitled to a new trial on charges of sexual
assault where a juror was excused after the second day of trial when he
informed the judge that he belatedly realized he knew the victim’s mother
and was aware of information that would “make it hard” for him to be
a juror, and the judge did not fully explore the nature of the information or
confirm with the remaining jurors that the excused juror did not communicate
any information to them?
(Certification granted 9/20/00)
A-12-00 Holmin v. TRW Inc.
Where plaintiff’s complaint alleges that defendant
fraudulently induced him to leave his prior job, does the six- year statute of
limitations run from the date plaintiff was told he was to be terminated, or
when plaintiff completed his last day of work thirteen days later?
(Certification granted 9/26/00)
A-13-00 Galik v. Clara Maass Medical Center
Was the dismissal of this malpractice complaint for failure
to serve an affidavit of merit under N.J.S.A. 2A:53A-27 appropriate
where plaintiff had served liability expert reports on defendants prior to the
filing of the complaint?
(Direct certification granted 9/27/00)
A-15-00 State v. Felicia Stovall
Did police illegally detain defendant while
she was disembarking from a plane at Newark Airport by requiring her to wait
for a narcotics-sniffing dog, where defendant had refused consent to a search
of her luggage and had expressed her desire to leave?
(Leave to appeal granted 10/4/00)
A-16-00 Palanque v. Lambert-Wooley,
M.D.
Could plaintiff avoid the dismissal of this
malpractice complaint where the affidavit of merit was not served within the
time period required by N.J.S.A. 2A:53A-27, where plaintiff’s
attorney had a liability expert report in his possession prior to the filing of
the complaint?
(Certification granted 10/4/00)
A-17-00 Troy v. Rutgers, The State
University
Could the plaintiffs, tenured professors,
litigate their individual breach of contract claims or were they required to
pursue their grievances through arbitration as provided in their union’s
collective bargaining agreement?
(Certification granted 10/4/00)
A-18-00 IMO Registrant J.G.
Can Megan’s Law be applied to require
community notification of a juvenile offender who was ten-years-old at the time
of his offense?
(Certification granted 10/4/00)
A-19-00 State v. Manuel Zamudio
Was the testimony of these witnesses
relating the child- victim’s complaints about the sexual assaults
admissible under the fresh-complaint exception to the hearsay rule, where the
complaints came more than two years after the last assault and more than two
years after defendant had moved out of the residence?
(Certification granted 10/24/00)
A-20-00 State of N.J., Dept. of
Corrections v. International
Federation of Professional and Technical
Engineers, Local 195
Did the arbitrator’s award of back pay
to union members who were denied overtime in violation of the collective
negotiations agreement violate the “no-work no-pay” rule?
(Certification granted 10/13/00)
A-21-00 State v. Lamont E.
Scott
Is an apartment that is presently unoccupied
and between rentals a “dwelling” such that a defendant who breaks
into the apartment can be guilty of criminal trespass under N.J.S.A.
2C:18- 3?
(Certification granted 10/11/00)
A-22-00 Vincitore v. N.J. Sports and
Exposition Authority
Was this railroad crossing on the grounds of
the Monmouth Park Race Track where plaintiff’s decedent was struck by a
train a “dangerous condition” that would allow for recovery under the
Tort Claims Act?
(Certification granted 10/11/00)
A-23-00 State v. Violet Brown
Should defendant’s trial have been
severed from the trial of her co-defendant? Should the testimony of a police
officer that a confidential informant told him that he purchased drugs from
defendant’s co-defendant be permitted under the declaration against
interest exception to the hearsay rule?
(Certification granted 10/13/00)
A-25-00 Do-Wop Corp. v. City of
Rahway
Is a municipal licensing ordinance that
limits the operation of sexually oriented businesses and that was enacted prior
to N.J.S.A. 2C:34-7a, which prohibits such businesses within 1,000 feet
of certain defined areas, enforceable to the extent that it is not inconsistent
with the statute?
(Certification granted 10/19/00)
A-26-00 Lamorte Burns & Co. v.
Walters
Where the complaint alleges breach of
loyalty and business torts by former employees who establish a competing
business, was testimony about industry practice required, thereby precluding
summary judgment?
(Certification granted 10/19/00)
A-27-00 Stryker Corp. v. Div. of
Taxation
Where defendant manufacturers products in
New Jersey and distributes them out-of-State under orders placed to its wholly
owned subsidiary, which is also located at the New Jersey site, is income from
those sales taxable as “other business receipts
. . . earned within the State” under
N.J.S.A. 54:10A-6(B)(6) of the Corporation Business Tax?
(Certification granted 10/19/00)
A-28-00 State v. Steven J.
Carty
In the course of a routine traffic stop,
must a police officer have reasonable suspicion of criminal activity before
making a request to search?
(Certification granted 10/19/00)
A-30-00 Owen v. CNA
Insurance
Is a clause in a structured settlement of a
tort claim that prohibits the assignment of deferred lump sum payments
enforceable?
(Appeal perfected 11/3/00)
A-31-00 State v. Shawn Fowlkes
Can the Attorney General Guidelines for
Negotiating Cases Under N.J.S.A. 2C:35-12, which established presumptive
plea offers for drug offenses that require a mandatory sentence of
imprisonment, be applied where the offense occurred prior to the adoption of
the Guidelines?
(Certification granted 10/31/00)
A-32-00 IMO Petition of New Jersey
American Water Co., Inc. for an Increase in Rates
Was the Board of Public Utilities authorized
to allow a water utility to treat a portion of its charitable contributions as
operating expenses, which expenses are used to determine the rates charged
customers?
(Certification granted 10/31/00)
A-33-00 McKenny v. Jersey City Medical
Center
In this case alleging medical malpractice,
was defense counsel obligated to communicate material changes in their
witnesses’ testimony prior to trail, and was plaintiff entitled to a
mistrial due to the failure to make such disclosures?
(Certification granted 10/31/00)
A-34-00 Alston v. City of
Camden
Do the pursuit and good faith immunities
afforded police under the Tort Claims Act apply where an innocent bystander is
injured by an officer’s negligent discharge of a firearm?
(Certification granted 10/31/00)
A-35-00 GNOC v. Director, Division of
Taxation
Under the parties’ agreement, did the
Sales and Use Tax Act apply to complimentary alcoholic beverages provided by
plaintiff to its casino patrons?
(Certification granted 10/24/00)
A-36-00 Adamar of New Jersey v.
Director, Division of Taxation
Under the parties’ agreement, did the
Sales and Use Tax Act apply to complimentary alcoholic beverages provided by
plaintiff to its casino patrons?
(Certification granted 10/24/00)
A-37-00 State v. Anthony
Korecky
Where defendant’s bail was revoked for
violating a provision of the bond that prohibited him from having contact with
any of his co-defendants, and defendant eventually entered into a plea
agreement that dismissed all charges relating to the violation of the bond, did
the interest of justice require the partial forfeiture of bail by the
commercial bondsman?
(Certification granted 10/24/00)
A-38-00 State v. Jermaine
Dawkins
Where defendant was indicted for first
degree robbery for committing a theft “while armed with a deadly
weapon,” was it reversible error to include in the verdict sheet
alternative predicates to the theft for first degree robbery - attempting to
kill someone and inflicting or attempting to inflict serious bodily injury?
(Certification granted 10/24/00)
A-39-00 IMO Registrant M.F.
In establishing the specific institutions
that are to be notified of the presence of a sex offender pursuant to
Megan’s Law, is the State required to demonstrate that the offender is
likely to target children or women at institutions even if they are located
within the presumptive geographic area for notification?
(Certification granted 11/9/00)
A-40-00 State v. Winston Roach
Was there a sufficient basis for sentencing
defendant to consecutive terms of 30-years on his two felony murder convictions
where a codefendant had previously been sentenced to concurrent terms?
(Certification granted 11/16/00)
A-41-00 Somerville Bd. Of Ed. v.
Manville Bd. Of Ed.
Can a child who is subject to a shared
physical custody arrangement have two domiciles for purposes of determining
financial responsibility among school districts for the cost of the
child’s special education?
(Certification granted 11/16/00)
A-42/43/44-00 Borough of Princeton v.
Bd. of Chosen Freeholders
Did the counties’ “license”
and “easement” agreements for the disposal of waste violate the Local
Public Contracts Law?
(Certification granted 11/16/00)
A-45-00 State v. Richard
Ravotto
Were police required to obtain a search
warrant prior to taking a blood sample from defendant?
(Certification granted 11/16/00)
A-46-00 State v. Roy R.
Williams
Was the jury instruction on the crime of
possession of a weapon for an unlawful purpose inadequate for failing to
require the jury to identify a specific unlawful purpose?
(Notice of appeal filed 6/12/00)
A-47/48-00 State v. Wade
Does the No Early Release Act apply where a
defendant is convicted of second degree vehicular homicide?
(Certification granted 11/22/00)
A-49-00 Fertile v. St. Michaels
Medical Center
Did the jury’s excessive damage award
and the comments made by plaintiff’s counsel in summation require a new
trial on liability?
(Certification granted 11/27/00)
A-50-00 State v. Drew Johnson
Did police have probable cause to enter onto
and search the porch where defendant was located where a person who identified
himself as an area resident approached the police and told them that defendant
was selling drugs at that location, and on their arrival, police observed
defendant placing an object he had been holding behind a post on the porch?
(Direct certification granted 11/30/00)
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