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Find Supreme Court appeal cases here. The most recent cases are listed first. You can also use the search tool to find a specific case.

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-17/18-23 Madeline Keyworth v. CareOne at Madison Avenue; Suzanne Bender v. Harmony Village at CareOne Paramus (088410)

Read Appellate Opinion

Are the documents at issue privileged under the Patient Safety Act, N.J.S.A. 26:2H-12.23 to -12.25?



Leave to Appeal Granted
Posted
Argued
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  • Leave to Appeal Granted : Jan. 12, 2024
  • Posted: Jan. 12, 2024
  • Argued: May 2, 2024

A-16-23 Board of Education of the Township of Sparta v. M.N. (088378)

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If the State issues a high school diploma to a student who is covered by the Individuals with Disabilities Education Act (IDEA) for passing the General Education Development exam pursuant to N.J.A.C. 6A:8-5.2(c), does that diploma qualify as a “regular high school diploma” under 34 C.F.R. § 300.102(a)(3) such that the student is no longer entitled to a free appropriate public education under IDEA?



Certification Granted
Posted
Argued
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  • Certification Granted : Dec. 8, 2023
  • Posted: Dec. 8, 2023
  • Argued: March 12, 2024

A-15-23 In the Matter of James Hartnett, Pennsauken (087997)

Did the Civil Service Commission err in denying petitioner’s automatic reinstatement request under the circumstances presented?



Certification Granted
Posted
Argued
Dismissed by Order
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  • Certification Granted : Oct. 24, 2023
  • Posted: Oct. 24, 2023
  • Argued: March 26, 2024
  • Dismissed by Order : April 5, 2024

A-14-23 New Jersey Division of Child Protection and Permanency v. A.P. (088329)

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Can the Division of Child Protection and Permanency use expunged criminal records in this child abuse and neglect proceeding that arises out of the same incident as the criminal matter?



Leave to Appeal Granted
Posted
Argued
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  • Leave to Appeal Granted : Oct. 6, 2023
  • Posted: Oct. 10, 2023
  • Argued: Feb. 26, 2024

A-13-23 State v. Donnie E. Harrell (088412)

Under the circumstances presented, is the alleged victim’s recorded statement from when she was eight years old admissible at trial now when she is fifteen and would testify that she recalls only one of the incidents of alleged sexual assault described in that statement?



Leave to Appeal Granted
Posted
Argued
Decided
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  • Leave to Appeal Granted : Oct. 6, 2023
  • Posted: Oct. 10, 2023
  • Argued: Feb. 26, 2024
  • Decided: March 26, 2024

A-12-23 David Goyco v. Progressive Insurance Company (088497)

Is plaintiff, who was operating a low-speed electric scooter at the time of the accident, a “pedestrian” under N.J.S.A. 39:6A-2(h), and therefore entitled to Personal Injury Protection benefits?



Certification Granted
Posted
Argued
Decided
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  • Certification Granted : Oct. 6, 2023
  • Posted: Oct. 10, 2023
  • Argued: Jan. 29, 2024
  • Decided: May 14, 2024

A-11-23 Shlomo Hyman v. Rosenbaum Yeshiva of North Jersey (087994)

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Does the ministerial exception bar any tort claims raised by a former ministerial employee against a religious institution if those claims are related to the religious institution’s employment decision?



Certification Granted
Posted
Argued
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  • Certification Granted : Oct. 6, 2023
  • Posted: Oct. 10, 2023
  • Argued: March 26, 2024

A-10-23 In the Matter of Brian Ambroise (088042)

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Did the Civil Service Commission err by denying the Department of Corrections’ motion to reopen the hearing and by imposing a six-month suspension?

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  • Certification Granted : Oct. 6, 2023
  • Posted: Oct. 10, 2023
  • Argued: Jan. 29, 2024

A-9-23 Susan Seago v. Board of Trustees, Teachers’ Pension and Annuity Fund (087786)

Under the circumstances presented, did the Board of Trustees of the Teachers’ Pension and Annuity Fund err by denying petitioner’s request to process an untimely interfund transfer from her Public Employees’ Retirement System account?



Certification Granted
Posted
Argued
Decided
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  • Certification Granted : Oct. 6, 2023
  • Posted: Oct. 10, 2023
  • Argued: Jan. 29, 2024
  • Decided: May 22, 2024

A-8-23 New Jersey Division of Child Protection and Permanency v. J.C. and K.C (088071)

Did the family court have authority, under N.J.S.A. 30:4C-12, to dismiss the case when there were continuing restraints in place?



Certification Granted
Posted
Argued
Decided
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  • Certification Granted : Sept. 25, 2023
  • Posted: Sept. 25, 2023
  • Argued: Feb. 26, 2024
  • Decided: May 29, 2024

A-7-23 Candace A. Moschella v. Hackensack Meridian Jersey Shore University Medical Center (088312)

Read Appellate Opinion

Should plaintiff’s complaint have been dismissed with prejudice for failure to comply with the Affidavit of Merit Statute, N.J.S.A. 2A:53A-27 to -29?



Certification Granted
Posted
Argued
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  • Certification Granted : Sept. 25, 2023
  • Posted: Sept. 25, 2023
  • Argued: May 2, 2024

A-6-23 Constructural Dynamics, Inc. v. Arch Insurance Company (088356)

In this commercial automobile insurance policy coverage dispute, did the handling of property exclusion or the completed operations exclusion apply under the circumstances?

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  • Certification Granted : Sept. 25, 2023
  • Posted: Sept. 25, 2023
  • Argued: Jan. 17, 2024
  • Dismissed by Order : Jan. 26, 2024

A-5-23 State v. Shalom Yehudiel (088576)

Do the Victim’s Rights Amendment, N.J. Const. art. 1, ¶ 22, and the Crime Victim’s Bill of Rights, N.J.S.A. 52:4B-36, give a victim the right to file a motion to detain the defendant pending trial?



Leave to Appeal Granted
Posted
Dismissed by Order
  • Leave to Appeal Granted : Sept. 11, 2023
  • Posted: Sept. 11, 2023
  • Dismissed by Order : May 17, 2024

A-4-23 William Pace v. Hamilton Cove (088302)

Read Appellate Opinion

Are class action waivers unenforceable in contracts that do not contain a mandatory arbitration provision?

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  • Leave to Appeal Granted : Sept. 11, 2023
  • Posted: Sept. 11, 2023
  • Argued: Jan. 16, 2024

A-3-23 Christopher Maia v. IEW Construction Group (088010)

Do the 2019 amendments to the Wage and Hour Law and the Wage Payment Law, L. 2019, c. 212, apply to this class action lawsuit filed after the effective date of those amendments, but encompassing conduct that occurred before the effective date?



Leave to Appeal Granted
Posted
Argued
Decided
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  • Leave to Appeal Granted : Sept. 11, 2023
  • Posted: Sept. 11, 2023
  • Argued: Jan. 3, 2024
  • Decided: May 15, 2024

A-2-23 Christine Savage v. Township of Neptune (087229)

Is the non-disparagement provision in the parties’ settlement agreement enforceable?



Certification Granted
Posted
Argued
Decided
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  • Certification Granted : Sept. 11, 2023
  • Posted: Sept. 11, 2023
  • Argued: Jan. 17, 2024
  • Decided: May 7, 2024

A-1-23 Jeffrey Achey v. Cellco Partnership d/b/a Verizon Wireless (088253)

Read Appellate Opinion

Among other issues, is the arbitration clause unenforceable because provisions in the contract are unconscionable and violative of New Jersey public policy?

  • Certification Granted : Sept. 11, 2023
  • Posted: Sept. 11, 2023

A-62/63-22 Merck & Co., Inc. v. Ace American Insurance Company (088274)

Did the “all risks” property insurance policies cover damages from a cyberattack that infected thousands of plaintiff’s computers in its global network, or did the “Hostile/Warlike Action” exclusion apply?

  • Leave to Appeal Granted : July 19, 2023
  • Posted: July 19, 2023
  • Dismissed by Order : Jan. 26, 2024

A-60/61-22 Players Place II Condominium Association, Inc. v. K.P. and B.F. (088139)

Did defendants prove that they are entitled to an emotional support dog that exceeded the weight limit in the Association’s pet policy as a reasonable accommodation under the New Jersey Law Against Discrimination, and if not, should the dog be allowed to remain in the condominium unit?



Appeal as of right (Appellate Division dissent) and certification granted:
Posted
Argued
Decided
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  • Appeal as of right (Appellate Division dissent) and certification granted: : July 19, 2023
  • Posted: July 19, 2023
  • Argued: Nov. 6, 2023
  • Decided: March 13, 2024

A-58/59-22 In re Protest of Contract for Retail Pharmacy Design, Construction, Start-Up and Operation, Request for Proposal No. UH-P20-006/ In re Sumukha LLC Challenge of Post-Award Changes to RFP UH-P20-006 (088018/088019)

Is University Hospital a state administrative agency whose final decisions are directly appealable to the Appellate Division under Rule 2:2-3(a)(2)?



Certification Granted
Posted
Argued
Decided
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  • Certification Granted : July 19, 2023
  • Posted: July 19, 2023
  • Argued: Jan. 16, 2024
  • Decided: May 23, 2024