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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-40-24 Donald Whiteman v. Township Council of Berkeley Township (089641) Read Appellate Opinion A-3786-21 Did plaintiffs establish that the Township Council of Berkeley Township’s denial of their petition to deannex South Seaside Park was arbitrary and unreasonable, that the denial was detrimental to the economic and social well-being of a majority of the residents of South Seaside Park, and that the deannexation would not cause a significant injury to the well-being of Berkeley Township under N.J.S.A. 40A:7-12.1?
[Note: The Court imposed an expedited, peremptory briefing schedule in this matter. Any motion for leave to appear as amicus curiae shall be served and filed through eCourts Supreme, with the proposed amicus brief, on or before 3/3/2025. For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955. No further submissions will be accepted unless requested by the Court.]
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A-37/38/39-24 Ormond Simpkins, Jr. v. South Orange-Maplewood School District (089974) Read Appellate Opinion A-2181-21/A-2182-21/A-2183-21 Under the circumstances presented, where plaintiffs allege that they were sexually abused by a former teacher on school grounds during school hours, can a public entity be held vicariously liable for those acts?
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A-36-24 Russell Forde Hornor v. Upper Freehold Regional Board of Education (089973) Read Appellate Opinion A-0366-22 Under the circumstances presented, where plaintiff alleges that he was sexually abused by a teacher at the teacher’s apartment, can plaintiff maintain causes of action for vicarious liability and breach of fiduciary duty against the board of education?
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A-35-24 In the Matter of P.T. Jibsail Family Limited Partnership Tidelands License Number 1515-06-0012.1 TDI 190001 (089547) Read Appellate Opinion A-0699-22 Does the Tidelands Resource Council have statutory authority to fix and modify pierhead lines through the issuance of individual licenses?
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A-34-24 Mist Pharmaceuticals, LLC v. Berkley Insurance Company (089689) Read Appellate Opinion A-1286-22 Did the insurer have a duty to defend and indemnify the insured under the circumstances presented, where (i) the commercial insurance policy had a provision excluding coverage if the director or officer of the insured entity engaged in wrongful corporate acts arising out of their capacity as a director or officer of another entity, and (ii) the director or officer is alleged to have engaged in wrongful corporate acts in a dual capacity as a director or officer of the insured entity and as a director or officer of a different, uninsured entity?
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A-33-24 24 In the Matter of Protest Filed by El Sol Contracting and Construction Corp., Contract T100.638 (090076) Read Appellate Opinion A-0232-24 Was the New Jersey Turnpike Authority’s rejection of El Sol Contracting and Construction Corp.’s bid, on the basis that the consent of surety (COS) was not submitted with a power of attorney setting forth the signatory’s authority to sign the COS, arbitrary, capricious, and unreasonable?
[Note: The Court imposed an expedited, peremptory briefing schedule in this matter. Any motion for leave to appear as amicus curiae shall be served and filed through eCourts Supreme, with the proposed amicus brief, on or before 2/18/2025. For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955. No further submissions will be accepted unless requested by the Court.]
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A-32-24 State v. Tyrell S. Lansing (090121) Read Appellate Opinion A-1592-23 Under Rule 1:2-1(b), should defendant’s expert be permitted to testify remotely at an evidentiary hearing and at trial?
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A-31-24 Giuseppe Amato v. Township of Ocean School District (090133) Read Appellate Opinion A-2542-23/A-2543-23 Was decedent, a public school teacher, an essential employee under N.J.S.A. 34:15-31.11 during the relevant time period and therefore entitled to a rebuttable presumption under N.J.S.A. 34:15-31.12 that decedent’s contraction of COVID-19 was work-related and fully compensable for purposes of workers’ compensation benefits?
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A-30-24 Mirza M. Bulur v. The New Jersey Office of the Attorney General (090126) Read Appellate Opinion A-0629-23/A-1209-23 Did the Attorney General have authority to supersede the Paterson Police Department?
[Note: The Court imposed an expedited, peremptory briefing schedule in this matter. Any motion for leave to appear as amicus curiae shall be served and filed through eCourts Supreme, with the proposed amicus brief, on or before 2/18/2025. For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955. No further submissions will be accepted unless requested by the Court.]
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A-29-24 C.A.L. v. State of New Jersey (089655) Read Appellate Opinion A-0571-23 Does the favorable termination rule from Heck v. Humphrey, 512 U.S. 477 (1994), which holds that a cause of action under 42 U.S.C. § 1983 for damages attributable to an unconstitutional conviction or sentence does not accrue until the conviction or sentence has been vacated, apply to the claims in plaintiffs’ complaint, and if so, did plaintiffs file suit within the two-year statute of limitations?
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A-28-24 Extech Building Materials, Inc. v. E&N Construction, Inc. (089720) Read Appellate Opinion A-0191-23 If an individual signs a contract on behalf of a corporate entity, and the contract has a provision stating that the individual guarantees payment, is the guarantee enforceable against that individual?
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A-27-24 Sergio Lopez v. Marmic LLC (089632) Read Appellate Opinion A-2391-22 Is an individual’s immigration status relevant to whether an employer owes wages under the New Jersey Wage and Hour Law and the New Jersey Wage and Payment Law, and is a barter arrangement legally distinct from an employer-employee relationship under New Jersey law?
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A-26-24 In the Matter of the Certificates of Nicholas Cilento, State Board of Examiners, New Jersey Department of Education (089658) Read Appellate Opinion A-3586-21 Did an arbitrator’s decision to suspend a teacher for three months in a tenure matter brought by a local board of education prevent the State Board of Examiners and Commissioner of Education from imposing a two-year suspension of his teaching certificates for the same conduct?
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A-25-24 States Newsroom Inc. v. City of Jersey City (089943) Read Appellate Opinion A-2721-22 If an incident that is the subject of a law enforcement internal affairs report was also the subject of an expungement, can a requester obtain the internal affairs report under the common law right of access, and should the trial court record have been sealed?
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A-24-24 Horace Cowan v. New Jersey State Parole Board (089243) Read Appellate Opinion A-1131-20 On this record of plaintiff’s criminal history and his twenty-one infractions while incarcerated, was the Parole Board’s imposition of a 200-month future eligibility term arbitrary, capricious, and unreasonable?
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A-23-24 New Jersey Division of Child Protection and Permanency v. I.J.R and Z.T., Jr. (089536) Read Appellate Opinion A-2929-22/A-2930-22 Did the Division prove the four prongs of the “best interests of the child” test, N.J.S.A. 30:4C-15.1(a), in this matter concerning the termination of Z.T. Jr.’s parental rights to his son, P.D.R.?
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A-22-24 Keith Isaac (deceased) v. Board of Trustees, Police and Firemen’s Retirement System (089370) Read Appellate Opinion A-3489-21 Does the doctrine of probable intent apply to a retirement application form, and is a hearing necessary to determine decedent’s probable intent?
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A-21-24 Gerald Fazio Jr. v. Altice USA (089744) Read Appellate Opinion A-2102-22 Can mutual assent to an arbitration clause be established through a business’s practice of sending a customer service agreement without proving that practice was followed as to the plaintiff?
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A-20-24 State v. Delshon J. Taylor Jr. (089386) Read Appellate Opinion A-3359-21 Is a prosecutor’s denial of a Graves Act waiver under N.J.S.A. 2C:43-6.2 reviewed under the abuse of discretion standard, or for a patent and gross abuse of discretion, see State v. Rodriguez, 466 N.J. Super. 71 (App. Div. 2021)?
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A-19-24 Borough of Englewood Cliffs v. Thomas J. Trautner (089406) Read Appellate Opinion A-2765-21 Is a municipality subject to sanctions for filing a frivolous lawsuit under the Frivolous Litigation Statute, N.J.S.A. 2A:15-59.1?
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