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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-7-13 Janet Henebema v. South Jersey Transportation Authority and New Jersey State Police (072545) Does an erroneous jury charge on a public entity’s standard of care under the Tort Claims Act require retrial on only the public entity’s liability, or is a retrial on the comparative negligence and liability for all parties also required?
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Does an exemption to the certificate of need requirement under the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1 et seq., belong to the tenant who established and operated the exempted nursing home or to the landlord of the property on which the nursing home is operated; and if the exemption belongs to the landlord, does equity require the landlord to pay the tenant operator for the value of the established business?
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A-5-13 Maryann Cottrell v. Zagami, LLC d/b/a The Landmark Americana Tap & Grill (072235) Does the New Jersey Civil Rights Act, N.J.S.A. 10:6-1 to -2, apply to defendants not acting under color of State law?
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A-3/4-13 State v. Michael Sumulikoski/State v. Artur Sopel (072957) Does New Jersey have territorial jurisdiction to try New Jersey teachers who had sexual contact with New Jersey high school students in Germany while chaperoning a school trip?
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A-2-13 Deborah F. Townsend v. Noah Pierre (072357) Can the conclusion of plaintiff’s expert that overgrown bushes on the corner of the property were the proximate cause of the accident serve to defeat the property owners’ motion for summary judgment when the only witnesses’ deposition testimony was that the bushes did not obstruct the view?
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A-1-13 Beverly Maeker v. William S. Ross (072185) Does the 2010 amendment to the Statute of Frauds, N.J.S.A. 25:1-5(h), which requires a writing memorializing palimony agreements and independent advice of counsel prior to executing such an agreement, apply to bar enforcement of oral agreements that existed before adoption of the amendment?
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A-76-12 State v.T.J.M. (072419) Did evidentiary errors and prosecutorial misconduct occur that cumulatively prejudiced defendant’s right to a fair trial in light of the weight of the evidence against him?
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A-75-12 State v. John C. Blann (07220146) Where defendant requested through his attorney in open court that his right to be tried by a jury be waived, was his conviction properly reversed because of the absence of a written jury waiver under Rule 1:8-1(a) and an express and understanding waiver by defendant personally on the record?
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A-74-12 State in the Interest of A.B. (072873) Was defendant properly granted access into the sexual assault victim's home to inspect the crime scene based on his constitutional right to a meaningful opportunity to present a complete defense in light of the crime victim's rights under the Fourth Amendment to the United States Constitution, the Victim's Rights Amendment to the New Jersey Constitution, and the Crime Victim's Bill of Rights, N.J.S.A. 52:4B-34 to -38?
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A-73-12 James Hitesman v. Bridgeway Inc. (072466) Can a professional code of conduct, which governs the conduct of licensed nurses but not their employers, support a nurse's objectively reasonable belief that his employer's conduct constituted "improper quality of patient care" under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8?
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A-72-12 IMO the Application for a New Jersey Permit to Carry a Handgun by Richard Pantano (072329) Does the statutory requirement that an applicant for a permit to carry a handgun demonstrate "a justifiable need to carry a handgun," N.J.S.A. 2C:58-4(d), violate the right to bear arms under the Second Amendment to the United States Constitution?
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A-71-12 State v. Yolanda Terry and Teron Savoy (072775) Does the marital communications privilege prohibit disclosure by third parties who overhear spousal communications pursuant to an authorized wiretap, and should the crime-fraud exception apply to this privilege?
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A-70-12 Sam Hargrove v. Sleepy's, LLC (072742) Under New Jersey law, which test should a court apply to determine a plaintiff's employment status for purposes of the New Jersey Wage Payment Law, N.J.S.A. 34:11-4.1, et seq., and the New Jersey Wage and Hour Law, N.J.S.A. § 34:11-56a, et seq.?
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A-69-12 State v. Julie L. Michaels a/k/a Lynn Michaels (072106) Was defendant’s right of confrontation violated by the admission of the expert testimony and report regarding the results of the laboratory analysis of her blood samples?
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A-68-12 State v. Naquan O'Neil, a/k/a Naquan O'Neal (072072) On this petition for post-conviction relief, was defendant entitled to an evidentiary hearing on the claim of ineffective assistance of counsel based on counsel's failure to challenge on appeal the trial court's instruction that the justification of self-defense is inapplicable to a charge of reckless manslaughter as this Court subsequently held in State v. Rodriguez, 195 N.J. 20165 (2008)?
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A-67-12 State v. Michael Ross II (072042) Was it proper to substitute an alternate juror for a sick juror after the jury had announced it was unable to reach a unanimous verdict following several days of deliberations?
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A-66-12 Borough of Merchantville v. Malik & Son, LLC (072255) Does a condemning municipality have a duty under the Eminent Domain Act, N.J.S.A. 20:3-1 to -50, to engage in bona fide negotiations with a lien holder that has obtained a final judgment of foreclosure on the property subject to condemnation?
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A-65-12 In re State Grand Jury Investigation (072552) Should enforcement of grand jury subpoenas seeking defendants’ attorneys’ records in connection with an investigation of defendants’ post-indictment activities await completion of the pending criminal prosecution?
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A-64-12 Patricia Atalese v. U.S. Legal Services Group, L.P (07232014) Is the language of the arbitration clause in the parties’ agreement sufficient to conclude that plaintiff waived her right to sue in court?
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A-63-12 Charlotte Robinson v. Frank Vivirito (072407) Do school officials have a duty to take remedial action to protect individuals who are on school property for purposes unrelated to school activities when the school is closed if the officials had prior written notice that a neighbor's dog got loose and attacked individuals on the property?
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