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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-57-22 State v. Andrew Higginbotham (088035) Is the child erotica amendment, L. 2017 c. 141, to the child endangerment statute, N.J.S.A. 2C:24-4, which criminalizes portraying a child in a sexually suggestive manner, unconstitutionally vague and overbroad under the First Amendment?
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A-57-22
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A-56-22 New Jersey Division of Child Protection and Permanency v. B.P. (087676) Under the circumstances presented, did the New Jersey Safe Haven Infant Protection Act, N.J.S.A. 30:4C-15.5 to -15.11, preclude a finding that defendant abused and neglected her daughter under N.J.S.A. 9.6-8.21(c)(4)?
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A-56-22
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A-55-22 Delaware River Joint Toll Bridge Commission v. George Harms Construction Co., Inc. (088194) Is the Commission, a bi-state entity created by an interstate compact between New Jersey and Pennsylvania and approved by Congress, authorized to approve, use, and enforce a project labor agreement as a mandatory requirement in its bid specifications?
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A-55-22
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A-54-22 Rise Against Hate v. Cherry Hill Township (088145) Read Appellate Opinion A-3421-20/A-1440-21/A-1517-21 Are email addresses submitted by members of the public to a public agency to sign up for electronic newsletters and notices subject to disclosure under the Open Public Records Act?
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A-54-22
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A-53-22 State v. Jerry Rosado (088067) Does the 2002 amendment to N.J.S.A. 2C:1-6, L. 2001, c. 308, § 1, which states that the statute of limitations does not begin to run until the State “is in possession of both the physical evidence and the DNA or fingerprint evidence necessary to establish the identification of the actor by means of comparison to the physical evidence,” apply where defendant is charged with a sexual assault that occurred in 1990, when the limitations period was five years, and if so, does applying the 2002 amendment violate the ex post facto clauses of the federal and State constitutions?
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A-53-22- Part 1
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A-53-22- Part 2
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A-52-22 Comprehensive Neurosurgical, P.C. v. The Valley Hospital (087469) Should plaintiffs’ claim that defendant breached the implied covenant of good faith and fair dealing have been dismissed because defendant did not breach its bylaws, did defendant waive the attorney-client privilege for communications about the White Paper by relying on the White Paper, and did plaintiffs’ counsel’s statements during summation about transferring patients, when contrary evidence was excluded from trial, require a new trial?
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A-52-22- Part 1
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A-52-22- Part 2
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A-51-22 Luis Cuello v. Eduardo Ramos (088004) Do residential property owners have a duty to maintain sidewalks abutting their property, and should courts distinguish between natural and artificial conditions as in Deberjeois v. Schneider, 254 N.J. Super. 694 (Law Div. 1991)?
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A-50-22 Christa Robey v. SPARC Group LLC (087981) Are plaintiffs’ allegations that defendant falsely advertised clothing as being discounted when it had never been sold in those stores at a higher price sufficient to show that plaintiffs suffered an “ascertainable loss” under the Consumer Fraud Act, N.J.S.A. 56:8-19, or to qualify as an “aggrieved consumer” under the Truth in Consumer Contract, Warranty, and Notice Act, N.J.S.A. 56:12-17, and can plaintiffs seek injunctive relief?
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A-50-22
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A-48/49-22 James Kennedy, II v. Weichert Co. d/b/a Weichert Realtors (087975) Is plaintiff, a commissioned real estate salesperson, an employee or an independent contractor for purposes of the Wage Payment Law after a recent amendment to the Real Estate Brokers and Salesmen Act, L. 2021, c. 486?
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A-48/49-22
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Did defendant pose “the possibility of future risk to the safety or well-being of the alleged victim,” under the second prong of the Sexual Assault Survivor Protection Act, N.J.S.A. 2C:14-16(a)(2), to support issuance of a final protective order?
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A-47-22
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A-46-22 County of Passaic v. Horizon Healthcare Services, Inc. (087989) Under the circumstances presented, was the arbitration clause unenforceable under Atalese v. U.S. Legal Services Group, L.P., 219 N.J. 430 (2014), because it lacked an explicit waiver of the right to seek relief in a court of law?
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A-45-22 Amada Sanjuan v. School District of West New York, Hudson County (087515) Does an arbitrator have authority to demote an employee under the Tenure Employees Hearing Law, N.J.S.A. 18A:6-10 and N.J.S.A. 18A:6-16, and if not, on remand in this matter, is the arbitrator precluded from considering dismissal as a penalty?
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A-45-22
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A-44-22 New Jersey Division of Child Protection and Permanency v. D.C.A. and J.J.C.B. (087604) Do the 2021 amendments to N.J.S.A. 30:4C-15.1(a), the best interests of the child test, bar all evidence of a child’s relationship with resource caregivers in a termination of parental rights case? [Note: The Court imposed a peremptory briefing schedule in this matter. Any motion for leave to appear as amicus curiae shall be served and filed, with the proposed amicus brief, on or before 6/23/23. Such filings shall be submitted to the Clerk’s Office through eCourts Supreme. For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955. No further submissions shall be accepted unless requested by the Court.]
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A-44-22
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A-43-22 Alejandra Padilla v. Young Il An (087862) Are the owners of vacant commercial lots liable to pedestrians injured by poorly maintained sidewalks abutting those lots?
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A-43-22
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A-42-22 Patrick Boyle v. Carol Huff (087900) Among other issues, did the indemnification provision in the Ocean Club Condominium Association’s by-laws indemnify a member of the Association’s Board of Trustees for a first-party action that the trustee filed against the Association, and was the trustee entitled to recover attorney’s fees from the Association under the indemnification provision in an action to enforce the indemnification provision?
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A-42-22
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A-41-22 State v. William Hill (087840) Is the witness tampering statute, N.J.S.A. 2C:28-5(a), unconstitutionally overbroad?
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A-41-22
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A-40-22 Viktoriya Usachenok v. State of New Jersey Department of the Treasury (086861) Does N.J.A.C. 4A:7-3.1(j), a civil service regulation governing investigations of discrimination that, as amended in 2020, directs investigators to “request that all persons interviewed, including witnesses, not discuss any aspect of the investigation with others, unless there is a legitimate business reason,” impermissibly restrict protected speech in violation of the First Amendment or the New Jersey Law Against Discrimination?
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A-40-22
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A-39-22 State v. Isaiah J. Knight (087822) Where a witness who identified defendant as the shooter in connection with a murder prosecution later gave a sworn statement stating that he was held at gunpoint by defendant’s relatives and forced to sign an affidavit recanting his identification of defendant, can the defense be compelled to produce any recantation affidavits that may be in its possession?
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A-39-22
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A-38-22 State v. Colleen A. Cunningham (087913) Are the results from the Alcotest 9510 sufficiently reliable to be admissible in driving while intoxicated (DWI) cases to establish a defendant’s guilt or innocence for DWI? [Note: This matter is remanded to a special master, the Honorable Richard J. Geiger, J.A.D., who is currently serving in the Superior Court, Appellate Division, to develop a record, conduct hearings, and make findings and conclusions regarding the scientific reliability of the Alcotest 9510, which proceedings shall be scheduled on an accelerated basis. All motions to participate in the remand shall be served and filed with the Special Master on or before June 20, 2023.]
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A-37-22 William DeSimone v. Springpoint Senior Living, Inc (087891) Does the refund provision of N.J.S.A. 56:8-2.11 apply to the entire Consumer Fraud Act, N.J.S.A. 56:8-1 to -227, or only to the Truth in Menu Act, N.J.S.A. 56:8-2.9 to -2.13?
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A-37-22
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