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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-28-22 AC Ocean Walk, LLC v. American Guarantee and Liability Insurance Company (087304) Under the terms of the insurance policies, did the presence of COVID-19 or related Executive Orders cause a “direct physical loss of or damage” to plaintiff’s property, and if so, did the contamination exclusions in the policies apply?
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A-28-22 - Part 1
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A-28-22 - Part 2
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A-27-22 James Meyers v. State Health Benefits Commission (087633) In this matter in which the State Health Benefits Commission ordered health care insurance premiums to be deducted from petitioner’s monthly retirement payment, did the Appellate Division err by failing to consider the issue of equitable estoppel?
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A-27-22-Part 1
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A-27-22-Part 2
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A-26-22 Leander Williams v. New Jersey State Parole Board (087613) Can the State Parole Board impose a special condition mandating participation in a residential treatment program if an inmate is entitled to administrative parole release under the Earn Your Way Out Act?
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A-26-22
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A-25-22 Suzanne Cardali v. Michael Cardali (087340) What quantum of evidence, including evidence about intertwined finances, is required to make a prima facie showing of cohabitation in support of a motion to terminate alimony?
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A-25-22
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A-24-22 C.V. v. Waterford Township Board of Education (087260) In this matter involving a sexual assault on a school bus, can plaintiffs maintain against defendants a gender-based claim under the New Jersey Law Against Discrimination?
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A-24-22
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A-23-22 State v. Quintin D. Watson (087251) Was it harmless error to admit the police officer’s testimony that he consulted with another police department before filing criminal charges against defendant, did the officer’s testimony narrating a surveillance video deprive defendant of a fair trial, and was it plain error to allow the victim to identify defendant for the first time in-court during the trial when the victim previously had identified a different individual as the perpetrator during a photo array? [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 2/9/23. 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-23-22 Part-1
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A-23-22 Part-2
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A-22-22 State v. Stephen A. Zadroga (087156) Does double jeopardy require dismissal of the indictment with prejudice where the trial court declared a mistrial and found that the State acted in bad faith and engaged in inexcusable conduct?
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A-22-22
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A-20-22 State v. Calvin Fair (086617) Is the portion of the terroristic threats statute, N.J.S.A. 2C:12-3(a), which criminalizes a threat to commit a crime of violence made “in reckless disregard of the risk of causing . . . terror,” unconstitutionally overbroad and did the jury instructions fail to ensure a unanimous verdict? [Note: This matter has been accelerated by order of the Court and a peremptory briefing schedule is imposed. Any motion for leave to appear as amicus curiae shall be served and filed, with the proposed amicus brief, on or before 12/22/22. 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-20-22
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A-17-22 State v. Jason M. O’Donnell (087023) Does N.J.S.A. 2C:27-2, which imposes criminal liability for “bribery in official and political matters,” apply to a candidate for political office who is not an incumbent and is ultimately not elected?
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A-17-22
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A-14-22 State v. Roberson Burney (086966) Was the expert testimony regarding the coverage range of a cell phone tower admissible, and did one of the victim’s in-court identification of defendant, or the jury instructions associated with that identification, amount to reversible error?
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A-14-22
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A-1-22 Carol Ann Conforti v. County of Ocean (086206) Were the Ocean County defendants entitled to immunity under the Tort Claims Act, N.J.S.A. 59:6-4 to -6?
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A-1-22
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A-66-21 State v. Thomas Zingis (087132) In a prosecution for a second driving while intoxicated (DWI) offense, what evidence is the State required to present to prove that a prior conviction for DWI was not based on Alcotest breath sample test results deemed inadmissible in State v. Cassidy, 235 N.J. 482 (2018)? [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 12/1/23. 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-66-21 Part-1
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A-66-21 Part-2
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A-55-21 State v. Dante C. Allen (086699) Did the investigating detective’s trial testimony narrating a surveillance video deprive defendant of a fair trial?
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A-55-21
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A-20/21/22/23-21 Elizabeth Hrymoc v. Ethicon, Inc. (085547) Among other issues, in these product liability trials should defendants have been permitted to present evidence that they had obtained "Section 510(k) clearance" from the Food and Drug Administration for their pelvic mesh medical devices?
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A-20/21/22/23-21
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A-63-20 Victoria Crisitello v. St. Theresa School (085213) In this matter concerning the termination of plaintiff, a teacher, was defendant entitled to summary judgment under the New Jersey Law Against Discrimination and the ministerial exception of the First Amendment?
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A-63-20
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A-61/62-19 In re Opinion No. 735 of the Supreme Court Advisory Committee on Professional Ethics (083396) May an attorney, consistent with the Rules of Professional Conduct, purchase from an internet search engine company a keyword that is a competitor lawyer’s name in order to display the purchasing lawyer’s own website in the search results when a person searches for the competitor lawyer by name?
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A-61/62-19 Part 1 (11/10/2020)
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A-61/62-19 Part 2 (11/10/2020)
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A-61/62-19 Part 1 (09/24/2024)
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A-56-18 State v. Michael Olenowski (082253) Access prior opinion A-56-18, decided February 17, 2023, in which the Court adopted for criminal and quasi-criminal cases a non-exclusive, multi-factor test for the reliability of expert testimony patterned after the standard established in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Is Drug Recognition Experts (DRE) evidence – which, in this case, included testimony that defendant was under the influence of narcotics while driving – admissible under the standard articulated in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923) ?
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