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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-57-18 S.C. v. New Jersey Department of Children and Families (081870) Was the Division of Child Protection and Permanency’s finding of “not established” arbitrary, capricious, and unreasonable, under the circumstances presented; and, did the denial of an administrative hearing to challenge the finding of “not established” violate S.C.’s due process rights?
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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) ? Watch the
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A-55-18 Investors Bank v. Javier Torres (082239) Can the right to enforce a lost promissory note be transferred to a third party?
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A-54-18 Lisa Balducci v. Brian M. Cige (081877) Among other issues, did the appellate panel create a new rule of professional conduct when addressing defendant’s challenge to the invalidation of his retainer agreement with plaintiff?
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A-53-18 Baldwin Shields v. Ramslee Motors (081969) Does a commercial landowner owe a duty of care to its commercial tenant’s invitees to remove snow and ice from the tenant’s property where the commercial lease agreement delegates the duty to maintain and repair the premises to the tenant?
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A-52-18 Brenda Miller v. State-Operated School District of the City of Newark (081771) Did plaintiff’s termination from the title of “Confidential Assistant,” an unclassified title under the Civil Service Act (N.J.S.A. 11A:1-1 to 12-6), violate her tenure rights under N.J.S.A. 18A:17-2?
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A-51-18 Estate of Mary Van Riper v. Director, Division of Taxation (082000) Was the Estate properly assessed taxes and interest for the entire value -- rather than 50% -- of a home decedent and her husband (who predeceased her) had owned as tenants by the entirety and which they had transferred to a trust?
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A-50-18 State in the Interest A.A. (081793) Was the juvenile’s statement to his mother, which was overheard by a police officer before the juvenile was read his Miranda warnings, admissible at trial? Watch the
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A-49-18 State v. Azmar Carter (081493) Under the circumstances presented, was defendant entitled to suppress the evidence seized following his stop by four detectives who exited a vehicle, displayed badges, identified themselves as police, and instructed him to “stop”?
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A-48-18 Christine Minsavage v. Board of Trustees, Teachers’ Pension and Annuity Fund (081507) Is appellant entitled to survivor retirement benefits, rather than reimbursement of her husband’s pension contributions, under the circumstances presented?
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A-47-18 Linda Cowley v. Virtua Health System (081891) Under the circumstances presented, did the “common knowledge” exception apply to plaintiffs’ claims of medical malpractice, thereby relieving plaintiffs of their obligation to serve an affidavit of merit as required by the Affidavit of Merit Statute (AMS), N.J.S.A. 2A:53A-26 to -29. Watch the
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A-40/41/42/43/44/45/46-18 Arthur G. Whelan v. Armstrong International, Inc. (081810) In a products liability case arising out of exposure to asbestos, does a manufacturer have a duty to warn about the risk of harm from exposure to asbestos-containing replacement parts integral to the function of the manufacturer’s product, where the manufacturer did not fabricate or distribute the replacement parts?
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A-39-18 Paul Barila v. Board of Education of Cliffside Park, Bergen County (081626) Among other issues, do plaintiffs’ challenges to this negotiated collective bargaining agreement, which altered compensation for accumulated but unpaid sick leave, implicate a scope of negotiations issue such that defendant was entitled to dismissal of plaintiffs’ action?
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A-38-18 In the Matter of Registrant G.H.; In the Matter of Registrant G.A. (081737) In this appeal concerning the provisions of Megan’s Law, are defendants eligible for relief from their lifetime registration obligations, pursuant to N.J.S.A. 2C:7-2(f), or does subsection (g), which took effect in 2002, preclude their eligibility?
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A-35/36-18 State v. Roger Covil (081267) Among other issues, do the Court’s holdings in State v. Simms, 224 N.J. 393 (2016) and State v. Cain, 224 N.J. 410 (2016), concerning the permissible scope of expert testimony in drug cases, apply retroactively to cases in the pipeline; and may the State, in an ongoing criminal matter, use a defendant’s answer from a civil forfeiture matter when the defendant was not warned that the answer might be used in the criminal prosecution?
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A-34-18 R.A. Feuer v. Merck & Co., Inc. (081409) Was plaintiff, a shareholder, entitled to inspect certain corporate documents, pursuant to statute, N.J.S.A. 14A:5-28(4) (books and records; right of inspection), or the common law?
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A-33-18 State v. Earnst Williams a/k/a Ernest Williams (081283) In this matter where the victim was killed after meeting defendant to buy oxycodone pills, was defendant entitled to introduce evidence of the victim’s prior drug purchases? 09/10/2019
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A-32-18 S.L.W. v. N.J. Division of Pensions and Benefits (081723) Did the Division of Pensions and Benefits err in interpreting N.J.A.C. 17:4-3.7 to require that this child claimant establish financial dependence on her retired parent by providing his income tax returns?
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A-31-18 Sandra Woytas v. Greenwood Tree Experts, Inc. (081720) Did the decedent, by committing suicide, breach the marital settlement agreement that required him to maintain life insurance?
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