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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-44-15 NL Industries, Inc. v. State (076550)

Is the State entitled to dismissal of plaintiff's action, which seeks recovery of cleanup damages associated with lead contamination pursuant to the Spill Compensation and Control Act?

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  • Leave to appeal granted : Jan. 15, 2016
  • Posted: Jan. 19, 2016
  • Argued: Oct. 26, 2016
  • Decided: March 27, 2017

A-43-15 State v. Kassey Benjamin (076612)

Does a defendant seeking a waiver of a mandatory sentence under the Graves Act have the right to discovery of the prosecutor's files on previous applications for Graves Act waivers?

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  • Certification granted : Jan. 15, 2016
  • Posted: Jan. 19, 2016
  • Argued: Nov. 7, 2016
  • Decided: April 5, 2017

A-42-15 State v. DeShaun P. Wilson (076609)

Were defendant's confrontation rights violated by the admission into evidence of a map to establish the crime of distribution of CDS within 500 feet of a public park?

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  • Certification granted : Jan. 15, 2016
  • Posted: Jan. 19, 2016
  • Argued: Oct. 11, 2016
  • Decided: Jan. 19, 2017

A-41-15 State v. Corey Hallett (076343)

Were defendant's Miranda rights violated by police questioning about whether he resided at the address where drugs were found?

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  • Certification granted : Jan. 15, 2016
  • Posted: Jan. 19, 2016
  • Argued: Sept. 26, 2016
  • Dismissed as improvidently granted: 10/05/2016 : Jan. 19, 2017

A-40-15 State v. Dion E. Robinson (076267)

Under the circumstances presented, was the trial court required to suppress a handgun discovered during a warrantless search of defendant's car?

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  • Appeal as of right (Appellate Division dissent)
  • Posted: Jan. 19, 2016
  • Argued: Jan. 4, 2017
  • Decided: May 1, 2017

A-39-15 In the Matter of the Adoption of a Child by J.E.V. & D.G.V. (076767)

In a private adoption matter, does an indigent parent facing termination of parental rights under New Jersey's Adoption Act have a right to appointed counsel?

[Note: The Court entered a peremptory briefing schedule. Any amicus curiae motion is due by 01/19/2016.]

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  • Certification granted : Dec. 17, 2015
  • Posted: Dec. 17, 2015
  • Argued: April 12, 2016
  • Decided: July 26, 2016

A-38-15 State v. Carl J. Garrison (076537)

Was evidence of similar conduct, committed by defendant against the victim while in Alabama, admissible in this trial for aggravated sexual assault and other related offenses?

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  • Certification granted : Dec. 16, 2015
  • Posted: Dec. 17, 2015
  • Argued: Oct. 27, 2016
  • Decided: March 20, 2017

A-37-15 State v. Fulgencio Gonzalez-Monasterio; State v. Bernardo Martinez (075996)

Did the trial court's jury instructions, including the charge on accomplice liability, constitute plain error requiring reversal of defendants' convictions for aggravated-manslaughter and other charges?

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  • Certification granted : Dec. 16, 2015
  • Posted: Dec. 17, 2015
  • Argued: Sept. 27, 2016
  • Dismissed as improvidently granted : March 27, 2017

A-36-15 State v. Brandon Morrison (076379)

Can a volunteer member of a local first aid and rescue squad be charged with official misconduct under N.J.S.A. 2C:30-2(a)?

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  • Certification granted : Dec. 15, 2015
  • Posted: Dec. 15, 2015
  • Argued: Sept. 27, 2016
  • Decided: Dec. 14, 2016

A-35-15 North Jersey Media Group, Inc. v. Township of Lyndhurst (076184)

Are these law enforcement agencies required to release their records relating to this high-speed police chase and shooting under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13, or the common law?

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  • Leave to appeal granted : Dec. 15, 2015
  • Posted: Dec. 15, 2015
  • Argued: Nov. 9, 2016
  • Decided: July 11, 2017

A-33/34/53-15 Abigail Ginsberg v. Quest Diagnostics, Incorporated (076288)

Are the various claims and defenses asserted in this litigation governed by the laws of New York, New Jersey, or some combination thereof?

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  • Leave to appeal granted : Dec. 15, 2015
  • Posted: Dec. 15, 2015
  • Leave to cross-appeal granted : Feb. 12, 2016
  • Posted (cross-appeal) : Feb. 12, 2016
  • Argued: Sept. 13, 2016
  • Decided: Oct. 26, 2016

A-33/34-15 Abigail Ginsberg v. Quest Diagnostics, Incorporated (076288)

Read Supreme Opinion A-33/34/53-15

  • Posted: Dec. 15, 2015

A-32-15 In the Matter of Robbinsville Township Board of Education v. Washington Township Education Association (076497)

Was the Board of Education's determination to impose three furlough days subject to negotiation under the parties' collective negotiations agreement?

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  • Certification granted : Dec. 15, 2015
  • Posted: Dec. 15, 2015
  • Argued: Sept. 27, 2016
  • Decided: Nov. 29, 2016

A-30/31-15 Patricia Myska v. New Jersey Manufacturers Insurance Company (076021)

Were plaintiffs' class action claims properly denied under the circumstances presented?

  • Certification and Leave to appeal granted : Dec. 15, 2015
  • Posted: Dec. 15, 2015
  • Dismissed as improvidently granted: 03/29/2016 : Nov. 29, 2016

A-29-15 J.I. v. New Jersey State Parole Board (076442)

Does a special condition of Community Supervision for Life that forbids a convicted sex offender from accessing any "Internet capable device" and from all access to the Internet violate the state or federal Constitutions?

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  • Certification granted : Nov. 20, 2015
  • Posted: Nov. 20, 2015
  • Argued: Nov. 7, 2016
  • Decided: March 20, 2017

A-28-15 Andrew McCarrell v. Hoffmann-La Roche, Inc (076524)

Should the timeliness of plaintiff's products liability claim be assessed under New Jersey law, which allows for the equitable tolling of statutes of limitations under discovery rule principles, or the law of plaintiff's state of residence, which disallows such tolling?

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  • Certification granted : Nov. 20, 2015
  • Posted: Nov. 20, 2015
  • Argued: Oct. 13, 2016
  • Decided: Jan. 24, 2017

A-27-15 Allstate Insurance Company v. Northfield Medical Center P.C (076069)

Under the circumstances presented, did plaintiff show by a preponderance of the evidence that defendants knowingly violated the Insurance Fraud Prevention Act?

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  • Certification granted : Nov. 20, 2015
  • Posted: Nov. 20, 2015
  • Argued: Jan. 4, 2017
  • Decided: May 4, 2017

A-26-15 Lawrence J. Dalton v. Shanna Lynn Corporation (070737)

If the Department of Environmental Protection fails to take action, does a plaintiff who has not expended investigative or remedial costs have standing under the Environmental Rights Act (ERA) to enforce the provisions of the Spill Act?

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  • Certification granted : Nov. 20, 2015
  • Posted: Nov. 16, 2015
  • Argued: April 26, 2016
  • Dismissed as improvidently granted : Aug. 4, 2016

A-16/17/18/19/20/21/22/23/24/25-15 Givaudan Fragrances Corporation v. Aetna Casualty & Surety Company (076523)

Under the circumstances presented, was this a valid assignment of rights under various insurance policies?

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  • Certification granted : Nov. 16, 2015
  • Posted: Nov. 17, 2015
  • Argued: Nov. 9, 2016
  • Decided: Feb. 1, 2017

A-15-15 Patricia Gilleran v. Township of Bloomfield (076114)

Does the Open Public Records Act require the Township to disclose video recordings from a security camera surveilling the back of the Township's municipal building (i.e., Town Hall)?

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  • Leave to appeal granted : Nov. 6, 2015
  • Posted: Nov. 6, 2015
  • Argued: Sept. 13, 2016
  • Decided: Nov. 22, 2016