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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, some issues may not have been summarized.
Beginning on July 16, 2010, each appeal summary posted on this website includes its "posted" date, which is necessary for calculating certain due dates for filing briefs and motions under revised Rule 1:13-9, "Amicus Curiae."
In addition, website addresses cited in the Court's opinions may change or disappear over time. An attempt has been made to capture the material cited in an opinion and to provide links to those sources, when available.
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A-93-18 Henry Sanchez v. Fitness Factory Edgewater, LLC (082834) In this matter concerning a health club membership contract, did the imposition of an initiation fee violate the Retail Installment Sales Act (RISA), N.J.S.A. 17:16C-1 to -61?
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A-92-18 Dr. Dominick A. Lembo v. Arlene Marchese (082930) Among other issues, did the trial court err in finding that plaintiffs’ claim against TD Bank could not be sustained as a matter of law because the Uniform Commercial Code bars "claims of non-customers against banks” absent a showing of a “special relationship"?
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A-92-18
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A-91-18 Justin Wild v. Carriage Funeral Holdings, Inc. d/b/a Feeny Funeral Home, LLC (082836) Does the New Jersey Compassionate Use Medical Marijuana Act -- which declares that "nothing" in the Compassionate Use Act “require[s]” an employer to accommodate a medical marijuana user, N.J.S.A. 24:6I-14 -- preclude a claim by an employee against an employer based on, among other things, the Law Against Discrimination?
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A-91-18
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A-90-18 H.R. & I.R. v. New Jersey State Parole Board (082373) Did the State Parole Board violate the rights of H.R., a sex offender, by subjecting him to continuous satellite-based monitoring under the Sex Offender Monitoring Act (SOMA), N.J.S.A. 30:4-123.89 to -123.95, or did the monitoring constitute a permissible "special needs search"?
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A-90-18
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A-89-18 Sun Chemical Corporation v. Fike Corporation (082815) Can a Consumer Fraud Act claim be based, in part or exclusively, on a claim that also might be actionable under the Products Liability Act?
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A-89-18
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A-88-18 Samuel Mejia v. Quest Diagnostics, Inc (082739) In a medical malpractice case, must a third-party defendant, against whom the plaintiff did not file a claim, participate in trial and face potential financial liability for damages awarded to the plaintiff, either directly or via contribution?
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A-88-18
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A-87-18 S.T. v. 1515 Broad Street, LLC (081916) Where a litigant’s counsel moves for the appointment of a guardian ad litem (GAL), what standards and procedures govern the appointment of the GAL and the court’s determination of whether the GAL is empowered to make decisions in the litigation (e.g., settlement) on behalf of the litigant?
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A-87-18
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A-86-18 Amy Skuse v. Pfizer, Inc (082509) Did the parties enter into a valid agreement to arbitrate plaintiff’s claims under the circumstances presented, including defendant’s use of a training module to present the company’s mandatory binding arbitration policy, among other factors?
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A-86-18
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A-83/84/85-18 Shipyard Associates, L.P. v. City of Hoboken (082446) Were the ordinances at issue zoning ordinances subject to the Municipal Land Use Law, and if so, were they exempt from N.J.S.A. 40:55D-52(a) because they relate to public health and safety?
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A-82-18 New Jersey Land Title Association v. Dana Rone (082620) May a county register or clerk charge a "convenience fee" for the electronic filing of documents concerning real property?
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A-82-18
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A-37/81-18 Jamie Friedman v. Teodoro Martinez (081093) Must plaintiffs demonstrate that their images were actually captured on a recording device or that they were present when recording devices were active in order to maintain a cause of action for invasion of privacy against an office building owner and property managers?
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A-37/81-18
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A-78/79/80-18 The Plastic Surgery Center, PA v. Malouf Chevrolet-Cadillac, Inc. (082502) Does the two-year statute of limitations, applicable to claims under the Workers’ Compensation Act, apply to claims by medical providers for the payment of services rendered to injured employees?
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A-78/79/80-18
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A-77-18 Paula Melnyk v. Board of Education of the Delsea Regional High School District (082354) Did the District violate petitioner’s tenure rights when it terminated her assignment as a teacher in the District’s alternative education program?
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A-77-18
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A-75/76-18 State v. Antoine McCray; State v. Sahaile Gabourel (082744) Where a defendant has been released pretrial under the Criminal Justice Reform Act and subsequently violates a condition of that release, can the defendant be charged with criminal contempt under N.J.S.A. 2C:29-9(a)?
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A-75/76-18
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A-73/74-18 In the Matter of Registrant H.D.; In the Matter of Registrant J.M (082254) Does N.J.S.A. 2C:7-2(f) prohibit the termination of Megan’s Law registration obligations for registrants who commit an offense during the fifteen-year period following their conviction or release from a correctional facility for the triggering Megan’s Law offense ?
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A-73/74-18
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A-72-18 State v. Robert Andrews (082209) Can a criminal defendant be compelled to disclose the passcode to his or her cellular phone?
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A-71-18 Joseph Kornbleuth, DMD v. Thomas Westover (081898) Must plaintiffs prove diminution of the value of their property to recover damages for an alleged trespass that resulted in the destruction of foliage on the property?
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A-71-18
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A-70-18 Bryheim Jamar Baskin v. Rafael Martinez (081982) In this action alleging that defendant, Detective Martinez, utilized excessive force against plaintiff, were there material issues of fact that precluded the entry of summary judgment to defendant?
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A-70-18
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A-69-18 Antonio Chaparro Nieves v. Office of the Public Defender (082262) Are legal malpractice claims exempt from the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, and is plaintiff’s “loss of liberty” damages claim subject to the verbal threshold of the TCA?
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A-69-18
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A-68-18 New Jersey Transit Corporation v. Sandra Sanchez and Chad Smith (082292) Can plaintiff, a workers’ compensation carrier, obtain reimbursement of medical expenses and wage loss benefits it paid from defendants (more specifically, the tortfeasors who negligently caused injuries to plaintiff’s employee in a work-related motor vehicle accident), if the employee would be barred from recovering non-economic damages from defendants because he did not suffer a permanent injury?
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A-68-18
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