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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-6-21 State v. William J. Kane (085797) Did the detectives have reasonable articulable suspicion to stop defendant?
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A-5-21 Thomasenia L. Fowler v. Akzo Nobel Chemicals, Inc. (085939) In this action concerning decedent’s mesothelioma, were the jury instructions on defendant’s duty to warn and on medical causation erroneous, requiring reversal of the jury’s verdict in favor of plaintiff?
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A-4-21 State v. David L. Smith (085635) Did the detectives have reasonable articulable suspicion of a motor vehicle offense, namely that defendant’s tinted windows violated the motor vehicle code? [Note: The Court has imposed a peremptory briefing schedule in this matter. Any motion for leave to appear as amicus curiae shall be served and filed with the proposed amicus brief on or before 3/4/2022. Such filings should be submitted to the Clerk’s Office through eCourts Supreme. For information about submitting an amicus filing, please call the Clerk’s Office at 609-815-2955. No further submissions shall be accepted unless requested by the Court.]
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A-3-21 State v. A.L.A. (085500) Was the court required to tailor the jury instructions for simple assault to explain that not all corporal punishment is simple assault?
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A-2-21 Aleice Jeter v. Sam’s Club (085880) Does the mode-of-operation rule apply to defendant’s sale of grapes?
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A-1-21 State v. Oscar Ramirez (085943) Is defense counsel entitled to the victim’s home address as part of discovery in this criminal prosecution?
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A-78-20 State v. O.D.A.-C. (085608) Should defendant’s statement have been suppressed because the detective’s comments while questioning defendant vitiated his rights under Miranda v. Arizona, 384 U.S. 436 (1966)?
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A-77-20 State v. Nazier D. Goldsmith (085636) Did the police officers have a reasonable and articulable suspicion to stop defendant and to frisk him?
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A-76-20 Crystal Point Condominium Association, Inc. v. Kinsale Insurance Company (085606) Does the direct action statute, N.J.S.A. 17:28-2, apply, and is plaintiff bound by the mandatory arbitration provision in the underlying insurance contract? Watch the
Listen to the
Oral Argument Audio for
Part 1
Watch the
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Oral Argument Audio for
Part 2
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A-75-20 State v. Rashaun Bell (084657) If a single accident results in more than one death, does the rule of multiplicity prohibit charging a defendant for multiple counts of leaving the scene of an accident resulting in the death of another person, N.J.S.A. 2C:11-5.1? 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-74-20 Robert Sipko v. Koger, Inc. (085022) Under the circumstances presented, is a remand required to reconsider the valuation of Koger Distributed Solutions, Inc., and Koger Professional Services, Inc.?
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A-73-20 Sundiata Acoli v. New Jersey State Parole Board (083980) Was the parole board’s determination that there was a substantial likelihood that Sundiata Acoli would commit a crime if released on parole arbitrary, capricious, or unreasonable? 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-72-20 State v. William A. Gerena (085359) Was the testimony from a police officer and a lay witness estimating the heights and ages of children that they observed near defendant in a public park admissible in this criminal trial in which defendant was charged with offenses that include as a statutory element that one of the children be under the age of thirteen?
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A-71-20 Graphnet, Inc. v. Retarus, Inc. (085529) Under the circumstances presented, is plaintiff entitled to a new trial on nominal damages?
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A-70-20 Troy Haviland v. Lourdes Medical Center of Burlington County, Inc. (085419) Does the Affidavit of Merit Statute, N.J.S.A. 2A:53A-26 to -29, require an affidavit of merit when a plaintiff’s sole claim against a health care facility is vicarious liability based on the alleged medical negligence of an employee against whom no affidavit of merit is required?
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A-68/69-20 Diane S. Lapsley v. Township of Sparta (085422) Were petitioner’s injuries, which resulted when she was struck by a snowplow driven by a Township employee as she was walking after work in a parking lot used by Township employees, compensable pursuant to the Workers’ Compensation Act, particularly under the premises rule, N.J.S.A. 34:15-36?
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A-67-20/A-37-21 State v. Quinnizel J. Clark (085271) Did the cumulative effect of errors deprive defendant of a fair trial? Watch the
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Oral Argument Audio for
A-67-20/A-37-21
Watch the
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Oral Argument Audio for
A-67-20/A-37-21-Reargued
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A-66-20 Horizon Blue Cross Blue Shield of New Jersey v. Speech & Language Center, LLC (085263) Is the clause in the settlement agreement, which provides that settlement payments are non-dischargeable in bankruptcy, void as against public policy in New Jersey?
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A-65-20 State v. Samuel Ryan (085165) Can an offense committed as a juvenile serve as a predicate offense for imposition of a sentence of life without parole under N.J.S.A. 2C:43-7.1(a), known as the “Three Strikes Law”?
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A-64-20 Kathleen M. Moynihan v. Edward J. Lynch (085157) Among other issues in this palimony action, is the written agreement between the parties unenforceable due to the 2010 amendment to the Statute of Frauds, N.J.S.A. 25:1-5(h)? 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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