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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-100-13 N.J. Dep’t of Labor & Workforce Dev. v. Crest Ultrasonics (073874) Does N.J.S.A. 34:8B-1, which restricts employers from publishing job advertisements stating that applicants must be currently employed in order for their applications to be accepted, considered, or reviewed, infringe on employers’ freedom of speech rights under the federal and state constitutions?
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A-99-13 Janice J. Prioleau v. Kentucky Fried Chicken, Inc . Under the circumstances presented in this personal injury action, did defendants’ business practice or “mode of operation" create the hazardous condition (i.e., a wet floor) such that plaintiff was relieved of proving that defendants had actual or constructive notice of the condition?
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A-98-13 Anna Mae Cashin v. Marisela Bello (073215) (073215) Does the subsection of the Anti-Eviction Act that governs conduct by an "owner of a building of three residential units or less" apply to plaintiff, the owner of a garage-apartment that is on the same premises as a main building containing five additional units? Appeal as of right
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A-97-13 State v. Kingkamau Nantambu (073589) In this criminal proceeding in which the State seeks to introduce a recorded conversation between defendant and a cooperating witness, does the inadvertent failure to record a portion of the conversation require the suppression of the entire recording?
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A-96-13 State v. Michael A. Maltese (073584) Where the police recorded defendant’s “off-the-record" confession to a family member, was the defendant’s subsequent confession to investigators admissible under the circumstances presented?
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A-95-13 Cuiyun Qian v. toll Brothers, Inc. (073982) Does Luchejko v. City of Hoboken, 207 N.J. 191 (2011), which held that a condominium complex was not liable for injuries sustained on a sidewalk abutting a public street, apply to injuries sustained on an interior sidewalk in a private residential community?
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A-94-13 IMO Registrant N.B. (073613) Under the circumstances presented, was the registrant eligible for the "sole sex offense" exemption from the Internet Registry requirement of Megan's Law?
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A-93-13 Bruce Kaye v. Alan P. Rosefielde (073353) Did the Appellate Division err by affirming the trial court’s holding that economic damages are a necessary prerequisite for disgorgement of the employee’s salary?
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A-92-13 State v. Duran C. Keaton (073564) Should the evidence discovered by a police officer who entered defendant’s overturned vehicle to obtain credentials be suppressed under the circumstances presented?
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A-91-13 State v. Timothy Adkins (073803) Should the defendant's blood test results be suppressed in light of the U.S. Supreme Court's decision in Missouri v. McNeely, 133 S.Ct. 1552, 185 L.Ed.2d 696 (2013), which held that there is no per se rule of exigency in drunk driving cases?
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A-90-13 State v. Raymond Daniels (073504) Under the circumstances presented, did the trial court err in issuing a renunciation charge over defendant's objection?
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A-89-13 Estate of Myroslava Kotsovska v. Saul Liebman (073861) Should the trial court have transferred this wrongful death and survival action to the Division of Workers' Compensation for a determination of the decedent's employment status where defendant raised the workers' compensation bar as an affirmative defense?
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A-88-13 Eric Morillo v. Monmouth County Sheriff’s Officer Alexander Torres (073978) Are defendants (Monmouth County Sheriff’s Officers) entitled to qualified immunity because an objectively reasonable officer would have believed that probable cause existed to arrest and detain plaintiff?
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A-87-13 Manuel Guaman v. Jennifer Velez (073371) Was the State permitted to terminate Medicaid benefits for adult legal aliens who did not meet the federal five-year residency requirement set forth in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 8 U.S.C.A. § 201601 to 201646?
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A-86-13 State v. Duquene Pierre (072859) Was defendant’s trial counsel ineffective for failing to fully investigate defendant’s alibi?
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Were these teachers entitled to tenure as a matter of law or equity under the circumstances presented?
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A-84-13 In the Matter of the Expungement Petition of J.S (073376) Did the defendant’s two offenses constitute one continuous criminal event or “spree" such that he was eligible for expungement where the offenses were charged in one indictment and involved similar drug-related acts committed in a single week?
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A-83-13 State v. Marc Olivero (073364) Was the fenced-in parking lot of a manufacturing facility a “structure” within the meaning of N.J.S.A. 2C:18-2, such that the defendant could be convicted of burglary?
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A-82-13 State v. K.P.S. and State v. C.L Did the Appellate Division err in applying the law of the case doctrine to preclude review of suppression issues raised by defendant, where the triggering order relied upon by the panel was a prior Appellate Division decision affirming the conviction of a co-defendant?
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A-81-13 Nuwave Investment Corp. v. Hyman Beck & Co. (073551) Following the Court’s decision in W.J.A. v. D.A., 210 N.J. 229 (2012), may presumed damages be awarded in a defamation action where actual damages are proven, and, if so, may presumed damages be awarded in more than a nominal amount? Does the holding of W.J.A. v. D.A. apply retroactively?
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