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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-32-19 Bank Leumi USA v. Edward J. Kloss (083372) When a party filed, in lieu of an answer, a motion to dismiss under Rule 4:6-2(e) for failure to state a claim, and the court dismissed with prejudice, is that party subject to claim preclusion when—in a later suit that it files arising from the same transactional facts—the defendant asserts the entire controversy doctrine as an affirmative defense?
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A-32-19
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A-31-19 State v. Donnell Gideon (083178) Did trial counsel’s deficient performance, namely the failure to investigate a potential alibi defense, prejudice defendant under the second prong of Strickland v. Washington, 466 U.S. 668 (1984)?
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A-31-19
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A-30-19 Brian Delaney v. Trent S. Dickey and Sills Cummis & Gross, PC (083440) Under the circumstances presented, was the arbitration clause in the attorney-client retainer agreement unenforceable because it violated the Rules of Professional Conduct?
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A-30-19
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A-29-19 Elmer Branch v. Cream-O-Land Dairy (083379) In this class action alleging a failure to pay overtime wages in violation of the New Jersey Wage and Hour Law, is the good-faith defense, N.J.S.A. 34:11-56a25.2, available to defendant based on determinations made by employees of the New Jersey Department of Labor and Workforce Development?
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A-28-19 State v. Luis A. Maisonet (083066) Was defendant denied his constitutional right to counsel of his choice?
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A-28-19
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A-27-19 State v. Andrea K. Dunbrack; State v. Gabriel Rodriguez (083008) Were defendants entitled to have the jury instructed on theft as a lesser included offense of robbery?
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A-27-19
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A-26-19 State v. Antwan J. Horton (082698) Was it error to substitute an alternate juror for an excused juror after the jury stated that it had reached a partial verdict?
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A-26-19
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A-25-19 Rosemont Properties, LLC v. IP Realty, LLC (083307) Did the credit doctrine apply and require reduction of the amount due to plaintiff under the circumstances presented, including that plaintiff released its mortgage to defendants on a different property?
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A-25-19
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A-24-19 Jed Goldfarb v. David Solimine (083256) Among other issues, is plaintiff’s promissory estoppel claim barred because there was no written contract to provide services as an investment adviser?
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A-24-19
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A-23-19 Mary Richter v. Oakland Board of Education (083273) Is an employee alleging discrimination for failure to accommodate a disability, pursuant to the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49, required to show an adverse employment action; and is this employee’s claim barred by the exclusive remedy provision of the Workers’ Compensation Act, N.J.S.A. 34:15-1 to -146?
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A-22/53-19 Winberry Realty Partnership v. Borough of Rutherford (083156) Does the tax collector have final policymaking authority such that the Borough may be liable for her actions?
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A-22/53-19
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A-21-19 Christopher J. Gramiccioni v. Department of Law and Public Safety (083198) Under the circumstances presented, was the Attorney General required to defend and indemnify the Monmouth County Prosecutor’s Office, the Monmouth County Prosecutor, and Assistant Prosecutors named as defendants in a civil complaint, pursuant to Wright v. State, 169 N.J. 422 (2001)?
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A-21-19
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A-20-19 City of Asbury Park v. Star Insurance Company (083371) Does the made-whole doctrine apply to first-dollar risk that is allocated to an insured under an insurance policy, i.e., a self-insured retention or deductible?
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A-20-19
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A-18/19-19 State v. Mark Jackson; State v. Jamie Monroe (083286) Did the State’s acquisition of recorded inmate telephone calls pursuant to a grand jury subpoena violate the New Jersey Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-1 to -37?
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A-18/19-19
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A-17-19 State v. Rahsjahn Courtney (082857) Under the circumstances presented, did N.J.S.A. 2C:35-12 preclude the court from imposing a lesser sentence than provided for in the plea agreement?
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A-17-19
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A-16-19 Carol Crispino v. Township of Sparta (083171) Among other issues, was it just and fair for the Township to impose a special assessment to rehabilitate a dam owned by a private beach club on non-members of the club?
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A-16-19
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A-15-19 Fraternal Order of Police, Newark Lodge No. 12 v. City of Newark (083197) Does Newark’s ordinance creating a civilian complaint review board with the authority to issue subpoenas and investigate complaints of alleged police misconduct violate N.J.S.A. 40A:14-118, the Attorney General Guidelines on Internal Affairs Policy and Procedures under N.J.S.A. 40A:14-181, or police officers’ due process rights?
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A-15-19
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A-14-19 Township of Manalapan v. Anthony Gentile (083137) In this condemnation action concerning property zoned for three-acre lots, was the Township entitled to a hearing to determine whether a zoning change was reasonably probable before defendants’ expert testified that the highest and best use of the property was half-acre lots?
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A-14-19
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A-13-19 Oasis Therapeutic Life Centers, Inc. v. Peter G. Wade (082343) Did plaintiff’s complaint, which alleged that defendants interfered with plaintiff’s efforts to purchase a property for use as a group home for individuals with autism, plead an actionable claim under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49?
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A-12-19 Libertarians for Transparent Government v. New Jersey State Police (083079) Does section ten of the Open Public Records Act, N.J.S.A. 47:1A-10, require disclosure of the name of a state trooper listed in the Office of Professional Standard’s annual report to the Legislature as having been terminated for misconduct?
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