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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-12-17 In the Matter of William R. Hendrickson, Jr (079885) What is the appropriate standard of appellate review of a final agency decision when the initial decision of the administrative law judge is “deemed adopted” as the final agency decision pursuant to N.J.S.A. 52:14B-10(c) when the agency lacked a quorum to act?
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A-11-17 State v. Ibnmauric Anthony (079344) Is defendant entitled to a new trial based on the police officer’s failure to record verbatim the comments of the witness while identifying defendant from a photographic array?
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A-10-17 State v. Marina L. Bartlom (079330) Read Appellate Opinion A-0447-15T2 Was defendant deprived of a meaningful opportunity to present a complete defense when the trial court denied her motion to reopen her case (to provide testimony from a prior co-defendant who had been acquitted) and her subsequent motion for a new trial?
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A-9-17 Josh Willner v. Vertical Reality, Inc. (079626) Among other issues, was plaintiff entitled to attorney’s fees and costs from defendant ASCO Numatics, Inc. under the offer of judgment rule, R. 4:58-2, where the liability apportioned to ASCO Numatics, Inc. did not exceed the offer of judgment?
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If JAMS, an independent alternative dispute resolution and third-party neutral services provider, opens an office in New Jersey, must it comply with the Rules of Court and the Rules of Professional Conduct applicable to attorneys engaged in the private practice of law, including RPC 7.5 (governing law firm names), RPC 5.4 (prohibiting shared ownership or fees with non-attorneys), and Rule 1:21-6 (establishing trust and business bank accounts and recordkeeping requirements)?
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A-7-17 State v. Hassan Travis (080020) Does a policy of the Pretrial Services Program that authorizes a recommendation of “release not recommended” for certain offenses, impermissibly expand the categories of “presumptive detention” offenses enumerated in the Criminal Justice Reform Act, particularly in light of Rule 3:4A(b)(5), which provides that a “court may consider as prima facie evidence sufficient to overcome the presumption of release a recommendation by the Pretrial Services Program” not to release defendant pretrial? [Note: This appeal has been accelerated by order of the Court, and will be calendared for oral argument on the Court’s session of November 28-29, 2017. Should any entity wish to file a motion to participate as amicus curiae, the motion and any proposed brief must be served and filed on or before noon on 10/12/17. The State and the defendant may file answers to any such amicus motion, together with a proposed response brief to the amicus brief, on or before noon on 11/2/17. All dates are final. No further submissions, beyond the parties’ supplemental briefs as authorized by the Court’s order, shall be accepted unless requested by the Court.]
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A-6-17 State v. Jonathan Mercedes (079995) Did the trial court commit reversible error in denying the State’s application for defendant’s pretrial detention? [Note: This appeal has been accelerated by order of the Court, and will be calendared for oral argument on the Court’s session of November 28-29, 2017. Should any entity wish to file a motion to participate as amicus curiae, the motion and any proposed brief must be served and filed on or before noon on 10/12/17. The State and the defendant may file answers to any such amicus motion, together with a proposed response brief to the amicus brief, on or before noon on 11/2/17. All dates are final. No further submissions shall be accepted unless requested by the Court.]
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A-5-17 Jaclyn Thompson v. Board of Trustees, Teachers’ Pension and Annuity Fund (079359) Does Patterson v. Bd. of Trs., State Police Ret. Sys., 194 N.J. 29, 34 (2008) require an award of accidental disability benefits to petitioner, a teacher who alleged that she was mentally disabled as a result of three incidents of physical contact at work?
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A-4-17 State v. Danyell Fuqua (079034) Does the offense of second-degree endangering the welfare of a child require a showing that defendant caused the child “actual harm”?
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A-2/3-17 Alexandra Rodriguez v. Wal-Mart Stores, Inc. (079470) Did the admission of testimony by defendant’s expert -- that plaintiff had magnified her symptoms and alleged injuries -- unfairly impugn plaintiff’s credibility and thereby deprive her of a fair trial?
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A-1-17 State v. Melvin T. Dickerson (079769) Is the State required to produce search warrant information (including the affidavit filed in support of the search warrant and supporting investigative reports) prior to a detention hearing held pursuant to the Criminal Justice Reform Act (CJRA), N.J.S.A. 2A:162-15 to -26? [Note: This appeal has been accelerated by order of the Court, and will be calendared for oral argument on the Court’s session of November 6-8. Should any entity wish to file a motion to participate as amicus curiae, the motion and any proposed brief must be served and filed on or before noon on 10/3/17. The State and the defendant may file answers to any such amicus motion, together with a proposed response brief to the amicus brief, on or before noon on 10/19/17. No further submissions shall be accepted unless requested by the Court.]
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Do the Ex Post Facto Clauses of the United States and New Jersey Constitutions preclude defendants from being charged, under a 2014 amendment to the applicable statute, with third-degree violations of their special sentences of community supervision for life (CSL)? [Note: This appeal has been accelerated by order of the Court dated 7/20/17, and no supplemental briefing is scheduled. Any motion for leave to appear amicus curiae shall be served and filed with the proposed amicus brief on or before 8/21/17, and any answer shall be served and filed with the proposed brief in response on or before 9/20/17.]
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A-90-16 Keith Williams v. Raymours Furniture Co., Inc. (079411) Does the Division of Workers’ Compensation have jurisdiction to hear this claim petition filed by a New Jersey resident who worked exclusively in New York and was injured there?
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A-89-16 Dunbar Homes, Inc. v. Zoning Board of Adjustment of the Township of Franklin (079076) When is a submission to the planning board considered an “application for development” that triggers the “time of application rule,” which states that the regulations in effect on the date of submission of an application for development govern the review of that application?
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A-88-16 Maureen McDaid v. Aztec West Condominium Association (079325) Does the doctrine of res ipsa loquitur (a Latin phrase meaning “the thing speaks for itself”) apply to plaintiff’s claims for injuries resulting from her being struck by a closing elevator door in her condominium complex?
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A-87-16 Robert Ferrante v. New Jersey Manufacturers Insurance Group (078496) Can plaintiff recover underinsured motorist (UIM) benefits from his insurance carrier where he did not notify his UIM carrier of his suit against the tortfeasor, including the existence of a high-low agreement, until after entry of the jury’s verdict?
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A-85/86-16 State v. Robert L. Evans (079144) Under the circumstances presented, did the “plain feel” exception to the warrant requirement justify defendant’s strip search?
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A-84-16 Kean Federation of Teachers v. Ada Morell (078926) Did the Board comply with the Open Public Meetings Act (“OPMA”) obligation to make meeting minutes “promptly available” to the public (N.J.S.A. 10:4-14) when it took ninety-four days and fifty-eight days, respectively, to release the minutes of two meetings; and did the Board violate the OPMA by failing to send notification to all of the employees whose employment status was scheduled to be affected by the action the Board took at its meeting?
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A-83-16 Gerardo Martinez v. Board of Trustees, Police and Firemen’s Retirement System (078823) Is a hostage situation resulting in the fatal shooting of the suspect an undesigned and unexpected traumatic event for a police hostage negotiator, so as to satisfy the traumatic-event standard for the award of accidental disability retirement benefits?
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A-82-16 Cherokee LCP Land, LLC v. City of Linden Planning Board (079146) Do plaintiffs have a sufficient interest in the property adjacent to the property to be developed (the development property), such that they have standing to challenge the municipal planning board’s site plan approval for the development property?
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