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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-6-19 Essam Arafa v. Health Express Corporation (083174) If the plaintiffs are exempt from the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16, are the parties’ arbitration agreements unenforceable, or can the New Jersey Arbitration Act, N.J.S.A. 2A:23B-1 to -32, apply in place of the FAA?
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A-5-19 Juan Morales-Hurtado v. Abel V. Reinoso (082293) Among other evidentiary issues in this automobile negligence action, was the proposed testimony of plaintiff’s life care expert witness admissible under N.J.R.E. 703, N.J.R.E. 808, and other applicable authority?
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A-4-19 State v. G.E.P.; State v. R.P.; State v. C.P.; State v. C.K. (082732) Does the Court’s holding in State v. J.L.G., 234 N.J. 265 (2018), concerning the admissibility of expert testimony about Child Sexual Abuse Accommodation Syndrome, apply retroactively to cases in the pipeline? Watch the
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Oral Argument Audio for
Part 1
Watch the
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Oral Argument Audio for
Part 2
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A-3-19 State v. Juan E. Cruz-Pena (083177) Was the confinement inherent in defendant’s sexual abuse of the victim such that the kidnapping charge under N.J.S.A. 2C:13-1(b) should not have been submitted to the jury?
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A-2-19 In the Matter of Ridgefield Park Board of Education (083091) Does L. 2011, c. 78 require public employees to contribute to their health insurance at the Tier 4 rate for the remainder of a multi-year collective negotiations agreement if the employees reached the Tier 4 contribution rate during that agreement?
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A-1-19 West Pleasant-CPGT, Inc. v. U.S. Home Corporation, d/b/a Lennar Homes (082981) Among other issues, is a fair market value credit available to a mortgagor or debtor when the mortgagee or creditor does not pursue a deficiency action?
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A-97/98/99-18 Robert Katchen v. Government Employees Insurance Company (082529) Among other issues in this dispute regarding uninsured (UM) and underinsured motorist (UIM) coverage, may an insurer exclude UIM coverage for an accident involving a vehicle owned by the insured but not covered under the subject policy?
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A-96-18 State v. Carey R. Greene; State v. Tyleek A. Lewis (082536) Are these two defendants entitled to a new trial on the grounds that the State, in its opening statement, told the jury that defendant Greene had confessed to his grandmother, who never testified?
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A-95-18 State v. J.V. (082507) Did the new juvenile waiver statute, N.J.S.A. 2A:4A-26.1(c)(3) (requiring the prosecutor to consider defendant’s eligibility for special education, as well as mental health concerns, before seeking waiver), apply retroactively to this matter, where defendant was sentenced after the enactment, but before the effective date, of the new statute?
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A-94-18 In the Matter of the Civil Commitment of P.D. (083027) Is an individual civilly committed under the Sexual Violent Predators Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38, entitled to discovery?
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A-93-18 Henry Sanchez v. Fitness Factory Edgewater, LLC (082834) In this matter concerning a health club membership contract, did the imposition of an initiation fee violate the Retail Installment Sales Act (RISA), N.J.S.A. 17:16C-1 to -61? Watch the
Listen to the
Oral Argument Audio for
Part 1
Watch the
Listen to the
Oral Argument Audio for
Part 2
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A-92-18 Dr. Dominick A. Lembo v. Arlene Marchese (082930) Among other issues, did the trial court err in finding that plaintiffs’ claim against TD Bank could not be sustained as a matter of law because the Uniform Commercial Code bars "claims of non-customers against banks” absent a showing of a “special relationship"?
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A-91-18 Justin Wild v. Carriage Funeral Holdings, Inc. d/b/a Feeny Funeral Home, LLC (082836) Does the New Jersey Compassionate Use Medical Marijuana Act -- which declares that "nothing" in the Compassionate Use Act “require[s]” an employer to accommodate a medical marijuana user, N.J.S.A. 24:6I-14 -- preclude a claim by an employee against an employer based on, among other things, the Law Against Discrimination?
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A-90-18 H.R. & I.R. v. New Jersey State Parole Board (082373) Did the State Parole Board violate the rights of H.R., a sex offender, by subjecting him to continuous satellite-based monitoring under the Sex Offender Monitoring Act (SOMA), N.J.S.A. 30:4-123.89 to -123.95, or did the monitoring constitute a permissible "special needs search"?
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A-89-18 Sun Chemical Corporation v. Fike Corporation (082815) Can a Consumer Fraud Act claim be based, in part or exclusively, on a claim that also might be actionable under the Products Liability Act?
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A-88-18 Samuel Mejia v. Quest Diagnostics, Inc (082739) In a medical malpractice case, must a third-party defendant, against whom the plaintiff did not file a claim, participate in trial and face potential financial liability for damages awarded to the plaintiff, either directly or via contribution?
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A-87-18 S.T. v. 1515 Broad Street, LLC (081916) Where a litigant’s counsel moves for the appointment of a guardian ad litem (GAL), what standards and procedures govern the appointment of the GAL and the court’s determination of whether the GAL is empowered to make decisions in the litigation (e.g., settlement) on behalf of the litigant?
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A-86-18 Amy Skuse v. Pfizer, Inc (082509) Did the parties enter into a valid agreement to arbitrate plaintiff’s claims under the circumstances presented, including defendant’s use of a training module to present the company’s mandatory binding arbitration policy, among other factors?
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A-83/84/85-18 Shipyard Associates, L.P. v. City of Hoboken (082446) Were the ordinances at issue zoning ordinances subject to the Municipal Land Use Law, and if so, were they exempt from N.J.S.A. 40:55D-52(a) because they relate to public health and safety? Watch the
Listen to the
Oral Argument Audio for
Part 1
Watch the
Listen to the
Oral Argument Audio for
Part 2
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A-82-18 New Jersey Land Title Association v. Dana Rone (082620) May a county register or clerk charge a "convenience fee" for the electronic filing of documents concerning real property?
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