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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-30-18 Sergeant First Class Frank Chiofalo v. State of New Jersey (081607) In this action alleging a violation of the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8 (CEPA), was plaintiff required, as part of his prima facie case, to identify a specific law, regulation, or other authority that he reasonably believed had been violated?
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A-29-18 State v. Susan Hyland (079028) Does the Appellate Division have jurisdiction to consider the State’s appeal from defendant’s sentence to special Drug Court probation, N.J.S.A. 2C:35-14?
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A-28-18 State v. A.T.C. (081201) In this facial challenge to N.J.S.A. 2C:14-2(D), is the statute unconstitutional on the grounds that it violates the separation of powers doctrine? Did the State -- through the sentencing record and the Attorney General guidelines -- sufficiently explain its use of discretion to permit effective judicial review as required in State v. Vasquez, 129 N.J. 189 (1992), such that A.T.C.’s sentence did not violate the separation of powers doctrine?
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A-27-18 Guerline Felix v. Brian V. Richards (081799) Does N.J.S.A. 17:28-1.4, the Deemer statute, apply to an automobile insurance policy written in Florida for a Florida resident who had an accident in New Jersey, where the Florida policy did not include any bodily injury liability coverage?
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A-25/26-18 G.A.-H. v. K.G.G. (081545) Is an individual subject to tort liability for purportedly failing to warn a victim or alert authorities that a co-worker has engaged in the sexual abuse of a minor, under the circumstances presented?
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A-24-18 Regina Little v. Kia Motors America, Inc. (081691) In this class action concerning a front brake system that caused premature wear of the vehicles’ brake pads and rotors, was it error to award each member of the plaintiff class $750 ($6.3 million total) in repair damages?
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A-22/23-18 State v. Luis Melendez (081246) Among other issues, was it error to admit into evidence, defendant’s uncounseled answer in a parallel civil forfeiture case?
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A-20/21-18 Moshe Meisels v. Fox Rothschild LLP (081534) Can plaintiff maintain a cause of action for conversion and breach of fiduciary duty pertaining to $2.4 million deposited in the defendant law firm’s attorney trust account, under the circumstances presented?
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A-19-18 State v. James Hemenway (081206) Did the trial court err in denying defendant’s motion to suppress physical evidence seized from his apartment as well as statements defendant made to the police officers who arrested him where police officers entered defendant’s residence pursuant to a search warrant issued by the Family Part under the Prevention of Domestic Violence Act?
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In these cases involving the non-consensual towing of vehicles, several issues are raised concerning the Predatory Towing Prevention Act (Towing Act), N.J.S.A. 56:13-7 to -23 and its related regulations, the Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, and the Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. 56:12-14 to -18?
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A-16-18 Donna Rowe v. Bell & Gossett Company (081602) Did the trial court err in allowing a non-settling defendant (Universal) to introduce into evidence answers to interrogatories and deposition testimony from other defendants who had settled pretrial?
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A-15-18 Gonzalo Chirino v. Proud 2 Haul, Inc., and Ivana Koprowski (080747) Were defendants barred from challenging the amount of fuel tax damages awarded on partial summary judgment, where they raised the issue after the damages had been quantified and addressed by the trial court, and only on appeal?
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A-14-18 State v. Isiah T. McNeal (081112) Is defendant entitled to vacate his guilty plea based on his allegation that the trial court and counsel misinformed him with regard to the jail credits he would receive?
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A-13-18 State v. Charudutt J. Patel (081069) In this matter seeking post-conviction relief pursuant to State v. Laurick, 120 N.J. 1 (1990), was defendant required to show that, had he been notified of his right to counsel in a prior matter, the result of the proceeding likely would have been different?
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A-12-18 State v. Vincent Bryant (081075) Under the circumstances presented, did the plea agreement and related proceedings entitle defendant to a sentence of drug court probation or to withdraw his plea?
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A-11-18 T.L. v. Jack Goldberg, M.D. (081135) In this medical malpractice action, did defense counsel’s failure to disclose that the defendant doctor’s trial testimony would differ from his interrogatory answers and deposition testimony result in plain error that required a new trial?
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A-10-18 State v. Randy K. Manning (080834) Were defendant’s cell phone records properly disclosed and admissible under the exigency exception?
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A-8/9-18 State v. Noel E. Ferguson and Anthony M. Potts; State v. Shameik Byrd (081423) Can defendants be prosecuted in New Jersey for the overdose death of the decedent under N.J.S.A. 2C:35-9(a) where the decedent purchased the CDS and died in New York?
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A-7-18 State v. William T. Liepe (080788) Did the consecutive sentences imposed on defendant as a result of his conviction for first-degree aggravated manslaughter and for second-degree aggravated assault, all arising from an automobile accident in which defendant was intoxicated, shock the judicial conscience and warrant resentencing?
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A-6-18 J.H. and A.R. v. R&M Tagliareni, LLC (081128) Did defendants, who owned and maintained a multi-family apartment building, owe a duty of care to the infant plaintiff, J.H., to protect him from the excessive heat of an uncovered radiator in one of the apartments?
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