Posted Date | Name of Case (Docket Number) | Type |
---|---|---|
May 28, 2019 |
THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY VS. THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY POLICE BENEVOLENT ASSOCIATION, INC. (L-4541-17, HUDSON COUNTY AND STATEWIDE)
(A-3104-17T2)
The Port Authority Police Benevolent Association, Inc. appealed from an order of the trial court vacating an arbitration award in favor of one of its members. The arbitration award was entered pursuant to the collective bargaining agreement between the Association and plaintiff The Port Authority of New York and New Jersey. The panel determined the Port Authority, as a bi-state public corporate instrumentality, is subject to New Jersey arbitration law and reinstated the award |
Appellate |
May 23, 2019 |
LIBERTY MUTUAL INSURANCE COMPANY, ET AL. VS. PENSKE TRUCK LEASING, CO., ET AL. (L-3377-17, MONMOUTH COUNTY AND STATEWIDE)
(A-5624-17T3)
Section 9.1 of the New Jersey Automobile Reparation Reform Act (the No-Fault Act), N.J.S.A. 39:6A-1 to -35, provides insurers, which have paid personal injury protection (PIP) benefits to their insured, with the statutory right to seek reimbursement against certain tortfeasors. N.J.S.A. 39:6A-9.1. If the tortfeasor is insured, the determination whether the insurer that paid the PIP benefits is entitled to recover those payments and the amount of the recovery is by agreement of the parties, and, if they are unable to agree, by arbitration. Ibid. In this appeal, the non-PIP insurer disputes whether its insured was a tortfeasor. Thus, the question presented is whether that dispute must be arbitrated under Section 9.1 of the No-Fault Act or resolved in a court proceeding. The court holds that the issue of whether a party is a tortfeasor is to be resolved at arbitration when that issue involves factual questions as to the fault or negligence of the insured. |
Appellate |
May 23, 2019 |
CAMPBELL V. ALLSTATE INSURANCE CO.
(L-000610-15)
Plaintiff seeks damages for personal injuries allegedly sustained in an automobile accident. Prior to trial, defendant had the plaintiff examined by a board certified orthopedic surgeon who prepared a written report describing his examination and conclusions. In the report, the physician identified a number of published medical articles that presumably supported the opinions contained in the report. Plaintiff’s counsel demanded that defendant supply copies of the articles. The orthopedic surgeon refused to produce copies of the articles claiming that to provide copies of the articles would violate unspecified copyright laws. The court ordered the defendant to supply plaintiff’s counsel with copies of the articles within 20 days. If the defendant fails to supply copies of the articles to plaintiff’s counsel within 20 days, the orthopedic surgeon is precluded from referring to the articles during his testimony at trial. |
Trial |
May 21, 2019 |
State v. Rene M. Rodriguez
(A-80-17 ; 081046)
An individual sentenced to a fixed minimum term of parole ineligibility under N.J.S.A. 2C:40-26(c) may not serve his or her sentence intermittently at night or on weekends pursuant to N.J.S.A. 2C:43-2(b)(7). |
Supreme |
May 20, 2019 |
State v. Noel E. Ferguson and Anthony M. Potts; State v. Shameik Byrd
(A-8/9-18 ; 081423)
New Jersey does not have territorial jurisdiction to prosecute Ferguson, Potts, or Byrd for the drug-induced death of Cabral in New York. |
Supreme |
May 16, 2019 |
CLARKSBORO, LLC VS. MARK KRONENBERG, ET AL. (F-031537-16, MORRIS COUNTY AND STATEWIDE)
(A-3572-17T4)
In this tax foreclosure matter, defendant, U.S. Bank-Cust/Sass Muni VI DTR (U.S. Bank), a large tax lien investment fund, appeals from final judgment and an order denying its motion to vacate final judgment. U.S. Bank had previously obtained ownership of real property by foreclosing on a tax sale certificate, and then failed to pay property taxes. The Chancery Division granted the opposed motion for final judgment without affording the requested oral argument or providing a cogent reason to deny argument. U.S. Bank thus was not told when final judgment would be entered, which would also end its redemption period. Because oral argument was not provided, the court reverses. |
Appellate |
May 16, 2019 |
STEPHEN D. PERRY VS. NEW JERSEY STATE PAROLE BOARD (NEW JERSEY STATE PAROLE BOARD)
(A-1338-17T4)
Appellant was serving a life sentence imposed in 1979 for murder, and a consecutive four-year term of incarceration imposed in 2003, for a 2001 drug offense committed during his incarceration. When appellant became parole eligible, the Parole Board aggregated his sentences pursuant to N.J.S.A. 30:4-123.51(h), denied appellant parole, and imposed a 240-month future eligibility term (FET). The Legislature amended N.J.S.A. 30:4-123.53, promulgating a new standard for parole eligibility for offenses committed after August 18, 1997. Prior to the amendment, the Board could deny parole release if it appeared from a preponderance of the evidence that there is a substantial likelihood the inmate will commit a crime under the laws of this State if released on parole at such time. Following the amendment, the parole eligibility standard changed and now states the Board may deny parole where it appears by a preponderance of the evidence the inmate has failed to cooperate in his or her own rehabilitation or that there is a reasonable expectation the inmate will violate conditions of parole if released on parole at that time The question on appeal is what standard for parole eligibility should apply where a parole eligible inmate is serving sentences for offenses committed before and after the effective date of the statute promulgating the new standard. The court holds the new standard does not apply to parole determinations for inmates eligible for parole who are serving sentences entered prior to August 18, 1997. The Board must determine parole eligibility for such inmates by considering the pre-amendment standard. The court remanded the matter to the Board to reconsider its decision applying the proper standard. The court also directed the Board to correlate its findings with the length of the FET imposed, considering the sentence for the 2001 offense, which drew the lengthy FET, was just four years. |
Appellate |
May 15, 2019 |
R.A. Feuer v. Merck & Co., Inc.
(A-34-18 ; 081409)
The judgment of the Appellate Division is affirmed substantially for the reasons expressed in the panel’s opinion. |
Supreme |
May 14, 2019 |
State in the Interest of D.M., a Juvenile
(A-30-17 ; 079999)
Although the Legislature may decide that N.J.S.A. 2C:24-4(a)(1) should not apply in juvenile proceedings based on conduct such as that at issue here, nothing in the current text of that statute precludes the adjudication in this case. The Court declines to rewrite the statute’s plain language in this appeal. However, the Family Part court’s adjudication must be reversed because the court’s disavowal, at the disposition hearing, of critical aspects of its previously-stated factual findings undermined its determination as to both offenses. In this extraordinary setting, it is unclear whether the State met its burden to prove beyond a reasonable doubt that D.M. violated N.J.S.A. 2C:24-4(a)(1). Accordingly, the Court affirms on other grounds the panel’s judgment. |
Supreme |
May 13, 2019 |
State v. Nathan N. Shaw; State v. Keon L. Bolden
(A-33/34-16 ; 078247)
Defendant’s confession and the drug evidence must be suppressed. |
Supreme |
May 13, 2019 |
STATE OF NEW JERSEY VS. DEANDRE PARKER (16-04-1096 AND 16-04-1097, ESSEX COUNTY AND STATEWIDE)
(A-2026-17T2)
Defendant is charged with second degree unlawful possession of a handgun and related charges. The trial court granted defendant's motion to suppress the physical evidence without conducting an evidentiary hearing or considering oral argument from counsel. This court granted the State's motion for leave to appeal and now reverses the trial court's ruling. Pursuant to Rule 3:5-7(c), "[i]f material facts are disputed, testimony thereon shall be taken in open court." When the material facts are contested, the parties must be given the opportunity to probe the veracity of the State's witnesses. |
Appellate |
May 10, 2019 |
STATE OF NEW JERSEY VS. LEWIS HOOPER (13-06-0768, MIDDLESEX COUNTY AND STATEWIDE)
(A-3436-16T3)
After allegedly rejecting a recommended thirty-year NERA term and entering an open plea to a nine-count indictment, defendant Lewis Hooper was sentenced to sixty years in State prison, forty-four of which were to be served without parole. He appeals his sentence and the denial of his motion to withdraw his open plea after sentencing based on a claim of ineffective assistance of counsel. Because defendant established a prima facie case of ineffective assistance of counsel, we conclude the trial court erred when it refused to consider defendant's claim merely because it was raised in conjunction with a motion to withdraw his plea after sentencing and not in a PCR proceeding. In this case, there was no good reason for the trial court to have insisted that defendant file an appeal and then a petition for PCR in order to have his ineffective assistance claim heard, instead of hearing it along with defendant's Slater motion We also vacate defendant's sentence on account of the court's failure to address the Yarbough factors after determining to impose an extended-term sentence and remand for resentencing, if necessary, following the hearing on defendant's motion to withdraw his plea. |
Appellate |
May 8, 2019 |
State v. Dwight M. Nelson a/k/a Nelson Dwight
(A-60-17 ; 080159)
Nelson’s traffic stop was prolonged as he waited for the arrival of the canine unit, but the officers had developed the reasonable and articulable suspicion necessary to prolong the stop under State v.Dunbar, 229 N.J. 521, 540 (2017). The Court therefore affirms as modified the Appellate Division’s determination that the evidence seized during the car’s subsequent search should not be suppressed. |
Supreme |
May 8, 2019 |
CHRISTOPHER LUSKEY VS. CARTERET BOARD OF EDUCATION (C-000009-18, MIDDLESEX COUNTY AND STATEWIDE)
(A-3035-17T2)
A dispute over the termination of a tenured public school janitor is subject to arbitration under the jurisdiction of the Commissioner of Education and not the Public Employment Relations commission, even if a collective negotiations agreement dictated the length of service required to attain tenure. |
Appellate |
May 7, 2019 |
IN RE RENEWAL APPLICATION OF TEAM ACADEMY CHARTER SCHOOL IN RE RENEWAL APPLICATION OF ROBERT TREAT ACADEMY CHARTER SCHOOL IN RE RENEWAL APPLICATION OF NORTH STAR ACADEMY CHARTER SCHOOL OF NEWARK IN RE AMENDMENT REQUEST TO INCREASE ENROLLMENT OF MARIA L. V
(A-3416-15T1/A-4384-15T1/A-4385-15T1/A-4386-15T1/A-4387-15T1/A-4388-15T1/A-4398-15T1)
The Education Law Center, a non-profit organization, was found to have standing to appeal the Commissioner of Education's final decisions approving increases in enrollment and the expansion of physical plants for seven Newark charter schools.The panel held that even in former Abbott districts, it is the district that bears the burden of demonstrating that charter school funding will prevent delivery of a thorough and efficient education. Furthermore, the panel decided the Commissioner's interpretation of the relevant regulation authorized the grant of approval for expansions that would require satellite campuses, in as yet undetermined locations.charter schools. |
Appellate |
May 7, 2019 |
JOANNA B. ORLOWSKI VS. ROBERT ORLOWSKI (FM-02-1778-14, BERGEN COUNTY AND STATEWIDE)
(A-2969-16T4)
Plaintiff ex-wife appeals from post-judgment orders denying her application for a QDRO payable to plaintiff from defendant's ERISA protected annuity funds to enforce unpaid counsel fee, expert fee, and tuition reimbursement awards. She also appeals from the denial of enforcement of counsel fee judgments by an enhanced wage garnishment. The court reverses, finding the counsel fees, expert fees, and tuition reimbursement related to child support or property distribution, and enforcement of those awards by a QDRO payable to plaintiff did not violate ERISA's anti-alienation provision. The counsel fee judgments were also enforceable by an enhanced wage garnishment to the extent they related to an underlying support obligation |
Appellate |
May 7, 2019 |
Frances Green v. Monmouth University
(A-63-17 ; 080612)
The concert was promoting the University’s educational objectives and purposes at the time of Green’s injury, and as a result, Monmouth University is afforded charitable immunity. Although Green was not a Monmouth University student, she was a beneficiary under the language of the Charitable Immunity Act. |
Supreme |
May 6, 2019 |
Sandra Woytas v. Greenwood Tree Experts, Inc.
(A-31-18 ; 081720)
The MSA required Timothy to “maintain” life insurance to support the children in the event of Timothy’s death. Because Timothy’s suicide barred recovery of the life insurance proceeds, he failed to “maintain” life insurance and therefore breached the Agreement. A precise calculation of Timothy’s outstanding child support obligations would be speculative, and the Chancery Division did not abuse its discretion by finding that Timothy’s outstanding obligations exceed the remaining assets of Timothy’s estate. Thus, there would be no remaining estate assets to pay Sandra’s claims, and a remand for a precise damages calculation is unnecessary. |
Supreme |
May 3, 2019 |
STATE OF NEW JERSEY VS. JUAN RODRIGUEZ (18-04-0195, SOMERSET COUNTY AND STATEWIDE)
(A-0180-18T4)
In State v. Witt, 223 N.J. 409, 415 (2015), the Supreme Court revised the standards under New Jersey law governing police searches of motor vehicles that have been lawfully stopped at the roadside. The Court held such roadside searches may be conducted without a warrant if: (1) the police have probable cause to believe the vehicle contains evidence of criminal activity; and (2) the situation arose from unforeseeable and spontaneous circumstances. Id. at 446-48. The appellate court declines to engraft upon Witt a limitation that would disallow such otherwise-permissible roadside searches in situations where the police have a basis to tow away and impound the vehicle. Consequently, the trial court's suppression order that was founded upon such a rationale is reversed. Moreover, there was no unreasonable delay in this case by the officers in making their decision to proceed with the search at the scene based on probable cause. |
Appellate |
May 3, 2019 |
IN THE MATTER OF RIDGEFIELD PARK BOARD OF EDUCATION AND RIDGEFIELD PARK EDUCATION ASSOCIATION (PUBLIC EMPLOYMENT RELATIONS COMMISSION)
(A-1694-17T4)
This dispute concerns the allowable scope of negotiations for employee contributions to health care and prescription coverage (collectively health insurance) costs in accordance with L. 2011, c. 78, §§ 39 and 41 (Chapter 78), codified at N.J.S.A. 52:14-17.28c and N.J.S.A. 18A:16-17.1. Chapter 78 prescribed health insurance contribution rates for public employees over a four-year period beginning July 1, 2011 and ending June 30, 2015, at gradually increasing rates designated Tier 1, Tier 2, Tier 3 and Tier 4. Petitioner Ridgefield Park Education Association appealed the scope of negotiations ruling by the Public Employment Relations Commission (PERC) in favor of respondent Ridgefield Park Board of Education, that Chapter 78 preempted the terms of the parties' collective negotiations agreement (CNA) for the period July 1, 2014 to June 30, 2018, such that the Association members were required to contribute at the Tier 4 rate throughout the remaining three years of the 2014-2018 CNA and not just for the first year – July 1, 2014 - June 30, 2015. The court reverses the final agency decision because under the circumstances presented PERC's interpretation of Chapter 78 is contrary to the Legislature's intent since it creates the absurd result of a financial hardship of having Association members contribute at the Tier 4 level for three additional years. The court further remands the matter to PERC to fashion and implement an appropriate remedy within sixty days to refund Association members their health insurance contributions that were improperly deducted. |
Appellate |