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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-9-16 Christopher Mount v. Board of Trustees, Police and Firemen's Retirement System (078021)

Did the Board err in denying plaintiff's application for accidental disability retirement benefits, based on its finding that the event that caused plaintiff's disability was not 'undesigned and unexpected,' pursuant to N.J.S.A. 43:16A-7?

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  • Certification granted : Oct. 14, 2016
  • Posted: Oct. 14, 2016
  • Argued: Nov. 28, 2017
  • Decided: June 5, 2018

A-7/8-16 Hazel Hamrick Lee v. Florence Brown (078043)

Was a city electrical inspector entitled to absolute immunity under the New Jersey Tort Claims Act (TCA), rather than qualified immunity, following this fire at a multi-dwelling home in the City of Paterson?

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  • Leave to appeal granted : Oct. 7, 2016
  • Posted: Oct. 11, 2016
  • Argued: Sept. 11, 2017
  • Decided: Feb. 21, 2018

A-6-16 State v. William Burkert (077623)

Was defendant's conduct distributing wedding photographs of a colleague to which defendant had added vulgar annotations protected speech that could not constitute criminal harassment?

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  • Certification granted : Sept. 23, 2016
  • Posted: Sept. 23, 2016
  • Argued: Sept. 11, 2017
  • Decided: Dec. 19, 2017

A-5-16 In the Matter of the Enforcement of New Jersey False Claims Act Subpoenas (077506)

Is the State foreclosed from utilizing the New Jersey False Claims Act's administrative subpoena power once the Attorney General's right to intervene in a qui tam action has expired?

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  • Certification granted : Sept. 23, 2016
  • Posted: Sept. 23, 2016
  • Argued: March 13, 2017
  • Decided: June 7, 2017

A-4-16 Doreen Hayes v. Barbara Delamotte (077819)

Under the circumstances presented, was plaintiff entitled to a new trial following the jury’s no-cause verdict?

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  • Certification granted : Sept. 23, 2016
  • Posted: Sept. 23, 2016
  • Argued: Sept. 12, 2017
  • Decided: Jan. 10, 2018

A-3-16 State v. Akeem Boone (077757)

Did the affidavit in support of this application for a search warrant establish probable cause to search a specific apartment in the building?

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  • Certification granted : Sept. 15, 2016
  • Posted: Sept. 15, 2016
  • Argued: Sept. 25, 2017
  • Decided: Dec. 18, 2017

A-2-16 Jaime Taormina Bisbing v. Glenn R. Bisbing, III (077533)

Did the trial court err in granting plaintiff's motion to relocate out of state with the parties' children?

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  • Certification granted : Sept. 12, 2016
  • Posted: Sept. 12, 2016
  • Argued: March 29, 2017
  • Decided: Aug. 8, 2017

A-1-16 In re the Declaratory Judgment Actions Filed by Various Municipalities, County of Ocean, Pursuant to the Supreme Court's Decision in In re Adoption of N.J.A.C. 5:96, 221 N.J. 1 (2015) (077565)

When calculating a municipality's fair share obligation, how should affordable housing need that accumulated from 1999 through 2015 (the gap period) be addressed?

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  • Leave to appeal granted : Sept. 8, 2016
  • Posted: Sept. 12, 2016
  • Argued: Nov. 30, 2016
  • Decided: Jan. 18, 2017

A-107/108-15 State v. Daniel K. Jackson (076636)

Should the evidence seized from the basement of an apartment inhabited by one of defendant's co-defendants (Sulaiman Massaquoi) have been suppressed, under the circumstances presented?

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  • Certification granted : Aug. 5, 2016
  • Posted: Aug. 8, 2016
  • Argued: March 27, 2017
  • Dismissed as improvidently granted : April 5, 2017

A-105/106-15 State v. Sulaiman Massaquoi (076635)

Should the evidence seized without a warrant from the basement where defendant lived have been suppressed?

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  • Certification granted : Aug. 5, 2016
  • Posted: Aug. 8, 2016
  • Argued: March 27, 2017
  • Dismissed as improvidently granted : April 5, 2017

A-101/102/103/104-15 The Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisades, LLC (077249)

Did the six-year statute of limitations begin to run when this construction project was deemed to be substantially complete, or did plaintiff's causes of action accrue on a date after the unit owners took control of the governing Board?

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  • Certification granted : Aug. 5, 2016
  • Posted: Aug. 8, 2016
  • Argued: April 25, 2017
  • Decided: Sept. 14, 2017

A-98/99/100-15 In the Matter of County of Atlantic; In the Matter of Township of Bridgewater (077447)

Did the Public Employment Relations Commission (PERC) properly decline application of the dynamic status quo doctrine, which would have required the automatic payment of incremental salary increases?

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  • Certification granted : Aug. 5, 2016
  • Posted: Aug. 8, 2016
  • Argued: March 13, 2017
  • Decided: Aug. 2, 2017

A-97-15 GMAC Mortgage, LLC v. Tamilynn Willoughby (076006)

In this matter concerning a foreclosure settlement derived through mediation, did defendant fail to accept plaintiff's offer of loan modification, among other issues?

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  • Certification granted : Aug. 5, 2016
  • Posted: Aug. 8, 2016
  • Argued: March 21, 2017
  • Decided: July 31, 2017

A-96-15 State v. Karlton L. Bailey (077141)

In this trial for second-degree certain persons not to have weapons, did the trial court’s jury instruction regarding defendant’s prior convictions deny him his due process rights to have the State prove each element of the crime beyond a reasonable doubt?

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  • Certification granted : Aug. 4, 2016
  • Posted: Aug. 8, 2016
  • Argued: Sept. 12, 2017
  • Decided: Jan. 22, 2018

A-95-15 State v. S.B. (077519)

Is this youth ministry associated with a church a 'youth serving organization,' as defined by N.J.S.A. 2C:7-22, for the purpose of charging defendant, a Megan's Law offender, with prohibited participation in such an organization, contrary to N.J.S.A. 2C:7-23(a)?

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  • Certification granted : July 26, 2016
  • Posted: July 26, 2016
  • Argued: April 25, 2017
  • Decided: July 20, 2017

A-94-15 State v. Mark Dunbar (077839)

Under the circumstances presented, were defendant's constitutional rights violated when the police used a drug-sniffing dog to search for illegal drugs around defendant's vehicle?

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  • Leave to appeal granted : July 26, 2016
  • Posted: July 26, 2016
  • Argued: April 24, 2017
  • Decided: July 10, 2017

A-93-15 Ernest Bozzi v. OSI Restaurant Partners, LLC (077556)

Is class certification appropriate in this action where plaintiffs allege that defendant violated the Consumer Fraud Act (N.J.S.A. 56:8-1 to -184) and the Truth-in-Consumer Contract, Warranty, and Notice Act (N.J.S.A. 56:12-14 to -18) by failing to include drink prices on its menu?

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  • Leave to appeal granted : July 26, 2016
  • Posted: July 26, 2016
  • Argued: April 4, 2017
  • Decided: Oct. 4, 2017

A-92-15 Debra Dugan v. TGI Friday's, Inc (077567)

Is class certification appropriate in this action where plaintiffs allege that defendant violated the Consumer Fraud Act (N.J.S.A. 56:8-1 to -184) and the Truth-in-Consumer Contract, Warranty, and Notice Act (N.J.S.A. 56:12-14 to -18) by (1) failing to include drink prices on its menu; and (2) charging different prices for the same beverage, depending upon where in the restaurant the beverage was served?

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  • Leave to appeal granted : July 26, 2016
  • Posted: July 26, 2016
  • Argued: April 4, 2017
  • Decided: Oct. 4, 2017

A-91-15 State v. Lurdes Rosario (077420)

Did the initial interaction between this police officer and defendant constitute a field inquiry or an investigative stop, and did it become a custodial interrogation that required the officer to issue Miranda warnings?

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  • Certification granted : July 15, 2016
  • Posted: July 15, 2016
  • Argued: Feb. 28, 2017
  • Decided: June 6, 2017

A-90-15 State v. Jermaine Thorpe (077088)

Was discovery of the handgun on defendant’s person the result of an unconstitutional stop, conducted without a reasonable, articulable suspicion that defendant was armed?

  • Certification granted : July 15, 2016
  • Posted: July 15, 2016
  • Dismissed as improvidently granted : Dec. 7, 2016