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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.

A-24-21 Norman International, Inc. v. Admiral Insurance Company (086155)

Does the "Designated New York Counties Exclusion" in the insurance policy, which excludes coverage for injuries "arising out of, related to, caused by, contributed to by, or in any way connected with" any operations or activities in, as relevant here, Nassau County, New York, apply under the circumstances?

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  • Certification granted : Oct. 22, 2021
  • Posted: Oct. 22, 2021
  • Argued: Feb. 28, 2022
  • Decided: Aug. 10, 2022

A-20/21/22/23-21 Elizabeth Hrymoc v. Ethicon, Inc. (085547)

Among other issues, in these product liability trials should defendants have been permitted to present evidence that they had obtained "Section 510(k) clearance" from the Food and Drug Administration for their pelvic mesh medical devices?

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  • Certification granted : Oct. 22, 2021
  • Posted: Oct. 22, 2021
  • Argued: Feb. 27, 2023
  • Decided: July 25, 2023

A-18/19-21 Dobco, Inc v. Bergen County Improvement Authority (086079)

Can a principal of a corporate entity challenge a procurement process if the corporate entity is barred from doing so, and when a county improvement authority is designated as the redevelopment entity under the Local Redevelopment and Housing Law, do the public bidding requirements of the Local Public Contracts Law apply to the county improvement authority’s selection of a redeveloper to serve as general contractor?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Oct. 22, 2021
  • Posted: Oct. 22, 2021
  • Argued: March 29, 2022
  • Decided: April 28, 2022

A-17-21 State v. Rahee Lane (085726)

Read Order

Does mitigating factor fourteen, N.J.S.A. 2C:44-1(b)(14), that the "defendant was under 26 years of age at the time of the commission of the offense," apply retroactively?

[Note: This matter has been accelerated by order of the Court, and a peremptory briefing schedule is imposed. Any motion for leave to appear as amicus curiae shall be served and filed with the proposed amicus brief on or before 12/6/2021. Such filings should be efiled with the Clerk’s Office through eCourts Supreme. For information about submitting an amicus filing, please call the Clerk’s Office at 609-815-2955. No further submissions shall be accepted unless requested by the Court.]

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  • Certification granted : Oct. 18, 2021
  • Posted: Oct. 19, 2021
  • Argued: Feb. 1, 2022
  • Decided: June 16, 2022
  • Revised : June 21, 2022

A-16-21 Ann Samolyk v. Dorothy Berthe, III (085946)

Does the rescue doctrine, which in some instances permits an injured rescuer to maintain a cause of action against the person whose negligence placed a victim in imminent danger, extend to the rescue of a dog?



Certification granted
Posted
Argued
Decided
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  • Certification granted : Oct. 18, 2021
  • Posted: Oct. 19, 2021
  • Argued: Feb. 1, 2022
  • Decided: June 13, 2022

A-15-21 State v. Abayuba Rivas (086051)

Did the suppression of defendant’s statement to police for the violation of his right to counsel require the suppression of defendant’s later statements to police, which were made the following day?

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  • Certification granted : Oct. 8, 2021
  • Posted: Oct. 8, 2021
  • Argued: March 14, 2022
  • Decided: June 22, 2022

A-13/14-21 State v. Mykal L. Derry; State v. Malik Derry (085795)

Should defendants’ motions to dismiss the indictment under N.J.S.A. 2C:1-3(f) and or N.J.S.A. 2C:1-11 have been granted because they were sentenced to life in prison in a related federal case and was the admission of testimony defining slang terminology without the witness being qualified as an expert harmless error?

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  • Certification granted : Oct. 8, 2021
  • Posted: Oct. 8, 2021
  • Argued: March 15, 2022
  • Decided: June 8, 2022

A-12-21 State v. F.E.D. (086187)

Was defendant eligible for compassionate release under N.J.S.A. 30:4-123.51e?

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  • Certification granted : Oct. 4, 2021
  • Posted: Oct. 4, 2021
  • Argued: March 14, 2022
  • Decided: Aug. 3, 2022

A-8/9/10/11-21 Mack-Cali Realty Corp. v. State of New Jersey (085465)

Did the "residency exemption" in Jersey City’s payroll tax violate the Commerce Clause of the United States Constitution?

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  • Certification granted : Sept. 27, 2021
  • Posted: Sept. 27, 2021
  • Argued: April 25, 2022
  • Decided: May 31, 2022

A-7-21 East Bay Drywall, LLC v. Department of Labor and Workforce Development (085770)

For purposes of liability for contributions to the state unemployment and temporary disability compensation fund, are the company’s service providers employees or independent contractors under the ABC Test, N.J.S.A. 43:21-19(i)(6)(A) to (C)?

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  • Certification granted : Sept. 24, 2021
  • Posted: Sept. 24, 2021
  • Argued: March 14, 2022
  • Decided: Aug. 2, 2022

A-6-21 State v. William J. Kane (085797)

Did the detectives have reasonable articulable suspicion to stop defendant?

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  • Certification granted : Sept. 24, 2021
  • Posted: Sept. 24, 2021
  • Argued: March 28, 2022
  • Dismissed by Order : April 6, 2022

A-5-21 Thomasenia L. Fowler v. Akzo Nobel Chemicals, Inc. (085939)

In this action concerning decedent’s mesothelioma, were the jury instructions on defendant’s duty to warn and on medical causation erroneous, requiring reversal of the jury’s verdict in favor of plaintiff?

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  • Certification granted : Sept. 24, 2021
  • Posted: Sept. 24, 2021
  • Argued: Jan. 19, 2022
  • Decided: June 30, 2022

A-4-21 State v. David L. Smith (085635)

Did the detectives have reasonable articulable suspicion of a motor vehicle offense, namely that defendant’s tinted windows violated the motor vehicle code?

[Note: The Court has imposed a peremptory briefing schedule in this matter. Any motion for leave to appear as amicus curiae shall be served and filed with the proposed amicus brief on or before 3/4/2022. Such filings should be submitted to the Clerk’s Office through eCourts Supreme. For information about submitting an amicus filing, please call the Clerk’s Office at 609-815-2955. No further submissions shall be accepted unless requested by the Court.]

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  • Certification granted : Sept. 24, 2021
  • Posted: Sept. 24, 2021
  • Argued: April 26, 2022
  • Decided: June 28, 2022

A-3-21 State v. A.L.A. (085500)

Was the court required to tailor the jury instructions for simple assault to explain that not all corporal punishment is simple assault?

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  • Appeal as of right (Appellate Division dissent)
  • Posted: Sept. 16, 2021
  • Argued: Feb. 28, 2022
  • Decided: Aug. 18, 2022

A-2-21 Aleice Jeter v. Sam’s Club (085880)

Does the mode-of-operation rule apply to defendant’s sale of grapes?

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  • Certification granted : Sept. 16, 2021
  • Posted: Sept. 16, 2021
  • Argued: Jan. 3, 2022
  • Decided: March 17, 2022

A-1-21 State v. Oscar Ramirez (085943)

Is defense counsel entitled to the victim’s home address as part of discovery in this criminal prosecution?



Leave to appeal granted
Posted
Argued
Decided
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  • Leave to appeal granted : Sept. 16, 2021
  • Posted: Sept. 16, 2021
  • Argued: Sept. 28, 2022
  • Decided: Nov. 21, 2022

A-78-20 State v. O.D.A.-C. (085608)

Should defendant’s statement have been suppressed because the detective’s comments while questioning defendant vitiated his rights under Miranda v. Arizona, 384 U.S. 436 (1966)?

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  • Appeal as of right (Appellate Division dissent)
  • Posted: Aug. 13, 2021
  • Argued: Feb. 28, 2022
  • Decided: May 2, 2022

A-77-20 State v. Nazier D. Goldsmith (085636)

Did the police officers have a reasonable and articulable suspicion to stop defendant and to frisk him?

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  • Leave to appeal granted : July 16, 2021
  • Posted: July 16, 2021
  • Argued: Jan. 18, 2022
  • Decided: July 5, 2022

A-76-20 Crystal Point Condominium Association, Inc. v. Kinsale Insurance Company (085606)

Does the direct action statute, N.J.S.A. 17:28-2, apply, and is plaintiff bound by the mandatory arbitration provision in the underlying insurance contract?

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  • Certification granted : July 16, 2021
  • Posted: July 16, 2021
  • Argued: Jan. 3, 2022
  • Decided: July 18, 2022

A-75-20 State v. Rashaun Bell (084657)

If a single accident results in more than one death, does the rule of multiplicity prohibit charging a defendant for multiple counts of leaving the scene of an accident resulting in the death of another person, N.J.S.A. 2C:11-5.1?



Certification granted
Posted
Argued
Decided
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  • Certification granted : July 9, 2021
  • Posted: July 12, 2021
  • Argued: Jan. 19, 2022
  • Decided: May 16, 2022