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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, not all issues may 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."

Last Updated: 05/25/2012

A-118-11 State v. Ra-King J. Allen, Sr. (069823)
Under the circumstances of this case, was it proper for the police officer to conduct a warrantless search of items in the trunk of a car that was in the process of being impounded?
Certification granted: 5/21/12
Posted: 5/25/12
Argued:
Decided:

A-117-11 Norfolk Southern Railway Co. v. Intermodal Properties, L.L.C. (070240)
Are the requirements of N.J.S.A. 48:17-7 and N.J.S.A. 48:12-35.1 for a public utility's acquisition of private property through eminent domain satisfied under the circumstances of this case?
Certification granted: 5/21/12
Posted: 5/25/12
Argued:
Decided:

A-116-11 Division of Youth & Family Services v. R.G. and J.G. (069970)
Under the circumstances of this case involving an incarcerated parent, did DYFS establish all four prongs of the best-interests test under N.J.S.A. 30:4C-15.1a. by clear and convincing evidence, as required to terminate J.G.'s parental rights?
Appeal as of right (Appellate Division dissent)
Posted: 5/14/12
Argued:
Decided:

A-115-11 State v. Carl Hreha (070222)
Did defendant voluntarily waive his Miranda rights or should his confession have been suppressed under the circumstances?
Appeal as of right (Appellate Division dissent)
Posted: 5/14/12
Argued:
Decided:

A-114-11 ADS Associates Group, Inc. v. Oritani Savings Bank (069987)
Can plaintiff maintain a common law non-customer negligence claim against the bank?
Certification granted: 5/9/12
Posted: 5/10/12
Argued:
Decided:

A-113-11 State v. Derrick Brown (070200)
Under the circumstances, did police officers investigating narcotics transactions possess a reasonable basis to conclude that a Camden house was abandoned, thereby entitling the police to enter and search the interior of the premises without a search warrant?
Leave to appeal granted: 5/3/12
Posted: 5/7/12
Argued:
Decided:

A-112-11 Paul Emma v. Jessica Evans (070071)
Does the presumption in favor of the parent of primary residence seeking a surname change of a minor child, which presumption was established by Gubernat v. December, 140 N.J. 120 (1985) where a child's parents were unmarried, apply for a child whose parents subsequently divorce?
Certification granted: 5/3/12
Posted: 5/7/12
Argued:
Decided:

A-111-11 Jonathan Bond v. Wendy Bond (069972)
Can the creation of a special needs trust justify the elimination of a parent's obligation to pay child support to the primary residential parent of a special needs child; and did the judge err by failing to, sua sponte, appoint a guardian ad litem to represent the special needs child's interests as they relate to child support and special needs planning?
Certification granted: 5/3/12
Posted: 5/7/12
Argued:
Decided:

A-110-11 State v. Joseph Diorio (069597)
Were the theft by deception and money laundering charges against the defendant time-barred by the statute of limitations?
Certification granted: 5/3/12
Posted: 5/7/12
Argued:
Decided:

A-109-11 State v. Samander S. Dabas (069498)
Was defendant entitled to an adverse-inference charge based on the police officer's destruction of contemporaneous interrogation notes?
Certification granted: 5/3/12
Posted: 5/7/12
Argued:
Decided:

A-108-11 State v. Richard Ramon Gardner (069345)
Was defendant denied his right to testify in the second, separate trial on the certain persons not to have weapons charge, N.J.S.A. 2C:39-7a, under the circumstances?
Certification granted: 5/3/12
Posted: 5/7/12
Argued:
Decided:

A-107-11 Princeton Office Park, LP v. Plymouth Park Tax Services, LLC (069521)
Under New Jersey law, does the purchaser of a municipal tax sale certificate hold a tax lien?
Question of law certified by U.S. Court of Appeals for Third Circuit, accepted 5/3/12
Posted: 5/7/12
Argued:
Decided:

A-106-11 & A-101-11 Lorraine Gormley v. Latanya Wood-El (069717)
Are defendants entitled to qualified immunity in this case alleging violation of a constitutional right to substantive due process for failing to protect plaintiff while she was providing legal services to her involuntarily-committed client?
Motion for leave to appeal granted: 3/22/12 & 4/12/12
Posted: 4/3/12 & updated 4/18/12
Argued:
Decided:

A-105-11 State v. Amir Andrews (069594)
When defense counsel was found to have used peremptory challenges to unconstitutionally discriminate against potential jurors, must the trial court discharge the entire jury panel and begin jury selection anew pursuant to State v. Gilmore, 103 N.J. 508 (1986)?
Certification granted: 4/9/12
Posted: 4/18/12
Argued:
Decided:

A-104-11 State v. Jahnell Weaver (069185)
Did the trial court improperly apply N.J.R.E. 404(b) to preclude defendant from offering for exculpatory purposes evidence that his codefendant used the murder weapon in subsequent shootings?
Certification granted: 4/9/12
Posted: 4/18/12
Argued:
Decided:

A-103-11 Harlan W. Waksal v. Director, Div. of Taxation (069599)
May these taxpayers follow federal accounting rules to deduct a non-business bad debt as a capital loss on their New Jersey gross income tax returns in accordance with Koch v. Director, Division of Taxation, 157 N.J. 1 (1999)?
Certification granted 3/29/12
Posted: 4/3/12
Argued:
Decided:

A-102 & A-38-11 Robert Sipko v. Koger, Inc. (068417)
Was the gift of stock to plaintiff conditioned on his continued employment and did he surrender his interest in the corporations?
Certification granted 11/18/11 & 3/23/12
Posted 11/21/11 & updated 4/3/12
Argued:
Decided:

A-101-11 & A-106-11 Lorraine Gormley v. Latanya Wood-El (069717)
Are defendants entitled to qualified immunity in this case alleging violation of a constitutional right to substantive due process for failing to protect plaintiff while she was providing legal services to her involuntarily-committed client?
Motion for leave to appeal granted: 3/22/12 & 4/12/12
Posted: 4/3/12 & updated 4/18/12
Argued:
Decided:

A-100-11 Darnice Green v. Morgan Properties (069540)
Where provisions in plaintiffs' residential leases provide for the landlords' recovery of specific amounts as attorney's fees, have plaintiffs stated a cause of action under the Consumer Fraud Act or for negligent misrepresentation based on their allegation that the charges exceed the landlords' actual cost for in-house legal representation and thus results in illegal fee sharing?
Certification granted: 3/22/12
Posted: 4/3/12
Argued:
Decided:

A-99-11 State v. Troy N. Nate (069314)
Should defendant's conviction of the charge of possession of a weapon for an unlawful purpose be merged with the aggravated manslaughter conviction?
Certification granted: 3/14/12
Posted: 3/16/12
Argued:
Decided:

A-98-11 State v. Antoine Stevens (069313)
Did defendant present a prima facie case of ineffective assistance of counsel entitling him to an evidentiary hearing on his application for post-conviction relief from a conviction of possession with intent to distribute heroin without 500 feet of a public park, where his trial attorney did not investigate and present evidence establishing that the distance from defendant's arrest to the public park exceeded 500 feet?
Certification granted: 3/14/12
Posted: 3/16/12
Argued:
Decided:

A-96/97 -11 Kane Properties, L.L.C. v. City of Hoboken (069676)
Where plaintiff, a developer of a planned 12-story residential building, applied for zoning variances under N.J.S.A. 40:55D-70(d), for residential use and exceeding story and building height restrictions, was city council's disapproval of the zoning board's grant of the variances tainted by a conflict of interest created by the involvement of a city attorney who previously represented the operator of a nearby residential building that challenged plaintiff's application; and if so, what is the appropriate remedy?
Certification granted: 3/14/12
Posted: 3/16/12
Argued:
Decided:

A-95-11 Kelly Ruroede v. Borough of Hasbrouck Heights (069484)
Where the trial court vacated and remanded a non-civil-service municipality's administrative decision to terminate a police officer, was it error to order reinstatement to inactive status with back-pay pending additional disciplinary hearings under N.J.S.A. 40A:14-147 to -151?
Certification granted: 3/14/12
Posted: 3/16/12
Argued:
Decided:

A-94-11 George C. Riley v. State Parole Board (069327)
Is the retroactive application of the Sex Offender Monitoring Act, N.J.S.A. 30:4-123.89 to -123.95, to persons who committed offenses before its enactment unconstitutional?
Appeal as of right (Appellate Division dissent); and certification granted: 3/14/12
Posted: 3/16/12
Argued:
Decided:

A-93-11 State v. Bruce D. Sterling (068952)
Should the first trial involving two separate sexual assaults and a separate burglary have been severed and was evidence of that burglary improperly admitted as other-crimes evidence in the second trial for a third, separate sexual assault charge?
Certification granted: 3/9/12
Posted: 3/16/12
Argued:
Decided:

A-92-11 State v. Kin Chi Wong a/k/a Xi Yi Gao (068675)
Should the trial court have granted defendant's motion for judgment of acquittal on the charge of accessing a computer with a scheme to defraud in violation of N.J.S.A. 2C:20-25?
Certification granted: 2/27/12
Posted: 2/27/12
Argued:
Decided:

A-91-11 State v. Oscar Porter (069223)
Was defendant entitled to an evidentiary hearing on his petition for post-conviction relief under the circumstances?
Certification granted: 2/27/12
Posted: 2/27/12
Argued:
Decided:

A-90-11 State v. Michael B. Franklin (068861)
Was it error for the State to have questioned defendant during the trial about his refusal to give a urine sample or to sign a consent for diagnosis and treatment while at the hospital?
Certification granted: 2/9/12
Posted: 2/14/12
Argued:
Decided:

A-89-11 State v. John J. Lawless, Jr. (069703)
Are injured passengers who are family members of the person killed in an automobile accident "victims" for sentencing purposes under aggravating factor two, N.J.S.A. 2C:44-1.a.(2), when defendant pled guilty only to aggravated manslaughter and not to charges involving the family members?
Motion for leave to appeal granted: 2/9/12
Posted: 2/14/12
Argued:
Decided:

A-88-11 State v. Eric Clemente Rangel (069204)
Under N.J.S.A. 2C:14-2(a)(3), which makes it first-degree sexual assault if the "act of sexual penetration of another person" is committed under the circumstance of "aggravated assault on another," must the aggravated assault be on a person other than the sexual assault victim?
Certification granted: 2/9/12
Posted: 2/14/12
Argued:
Decided:

A-86/87-11 Michael Battaglia v. United Parcel Service, Inc. (069405)
Was plaintiff engaged in "protected activity" under the New Jersey Law Against Discrimination (NJLAD) or the Conscientious Employee Protection Act (CEPA) such that his employment demotion constituted retaliation entitling plaintiff to damages, or should defendant have been granted judgment notwithstanding the verdict or a new trial?
Certification granted: 2/9/12
Posted: 2/14/12
Argued:
Decided:

A-85-11 State v. Angelina Nicole Carlucci (069183)
Were defendant's statements about her recent drug use, which were made before being informed of her Miranda rights in response to questioning by an investigating officer about drugs found at the defendant's place of employment, admissible?
Certification granted: 2/2/12
Posted: 2/6/12
Argued:
Decided:

A-84-11 Ilirjan Bida v. Township of Wayne (068950)
Is plaintiff barred from pursuing a complaint with the Tax Court for relief pursuant to the Correction of Errors statute, N.J.S.A. 54:51A-7, under the circumstances presented, which included plaintiff's failure to timely appeal a municipal property tax to the County Board of Taxation?
Certification granted: 2/2/12
Posted: 2/6/12
Argued:
Decided:

A-82/83-11 Anthony D'Agostino v. Ricardo Maldonado (068940)
Was the mortgage-rescue transaction in this matter a sale of "merchandise" bringing it within the purview of the Consumer Fraud Act, N.J.S.A. 56:8-1 to -184?
Certification granted: 2/2/12
Posted: 2/6/12
Argued:
Decided:

A-81-11 Division of Youth & Family Services v. I.S. (069672)
Did the trial court have authority to enter an order continuing Division of Youth and Family Service's care, supervision, and custody of this child in the absence of a finding of abuse or neglect?
Certification granted: 2/2/12
Posted: 2/6/12
Argued:
Decided:

A-80-11 Harold M. Hoffman v. Supplements Togo Management, LLC (068416)
In this case alleging fraud and Consumer Fraud Act violations relating to a product purchased over the internet, were the complaint's allegations of damages and loss sufficient to survive a motion to dismiss, and was plaintiff's dual role as class counsel and class representative permissible?
Certification granted: 2/2/12
Posted: 2/6/12
Argued:
Decided:

A-72/73/74/75/76/77/78/79-11 Advance Housing, Inc. v. Township of Teaneck (069436)
Are real properties owned by a non-profit corporation that provides housing and other services for individuals with severe psychiatric disabilities exempt from property taxes under N.J.S.A. 54:4-3.6 when the non-profit receives partially-subsidized rent from the individuals and does not require that that they participate in the non-profit's services?
Certification granted: 1/26/12
Posted: 2/6/12
Argued:
Decided:

A-71-11 James P. Renner v. AT&T (068744)
Does the record support this workers' compensation claim under N.J.S.A. 34:15-7.2, which sets the standard of proof governing claims based on injury or death from cardiovascular causes?
Certification granted: 2/14/12
Posted: 2/14/12
Argued:
Decided:

A-70-11 State v. Bernard Youngkin (069109)
Was defendant denied effective assistance of counsel entitling him to withdraw his guilty plea to criminal restraint because he was not warned that although he did not plead guilty to a predicate sexual offense, the State could later seek his civil commitment under the Sexually Violent Predator Act, N.J.S.A. 30:4-27.24 to -27.38?
Certification granted: 1/26/12
Posted: 2/6/12
Argued:
Decided:

A-69-11 State v. Angel Hernandez (068980)
In light of defendant's duress defense to the murder charge, was it plain error that the jury verdict sheet did not state that a finding of duress would result in a manslaughter conviction?
Certification granted: 1/19/12
Posted: 1/24/12
Argued:
Decided:

A-68-11 State v. Robert Handy (069022)
If a defendant with a history of mental illness wishes to have a jury trial to put the State to its burden of proving the charges against him beyond a reasonable doubt, must the defendant first submit to a bench trial restricted to the issue of insanity?
Certification granted: 1/19/12
Posted: 1/24/12
Argued:
Decided:

A-67-11 State v. Jarrett Parker (068966)
Did the prosecutor's references to defendant's prior use of aliases to impeach his credibility deprive defendant of a fair trial?
Certification granted: 1/19/12
Posted: 1/24/12
Argued:
Decided:

A-66-11 Alex Perez v. Professionally Green LLC (069482)
Are plaintiffs who prove a technical violation of the Consumer Fraud Act, N.J.S.A. 56:8-2 to -20, but whose claim is dismissed as a matter of law at trial for failing to provide sufficient proof of an ascertainable loss, entitled to recover attorney fees and costs?
Certification granted: 1/19/12
Posted: 1/24/12
Argued:
Decided:

A-65-11 Estate of Frederick Hetmanski v. Rahway Hospital (069229)
In this wrongful death case involving a psychiatric patient who committed suicide while under defendants' care, should the jury have been instructed that defendants owed decedent a special duty of care to prevent him from engaging in self-destructive behavior, and was the jury properly instructed that it could not consider decedent's conduct when determining the issues of liability or causation?
Certification granted: 1/19/12
Posted: 1/24/12
Argued:
Decided:

A-64-11 State v. Osborne S. Maloney (068877)
Was the trial court required to charge the jury on accomplice liability in this trial for crimes that included armed robbery?
Certification granted: 1/13/12
Posted: 1/18/12
Argued:
Decided:

A-63-11 State v. A.R. (068957)
Did the trial court commit reversible error by permitting the jury to access during their deliberations in the jury room the videotaped interviews of both the victim and defendant?
Certification granted: 1/13/12
Posted: 1/18/12
Argued:
Decided:

A-62-11 Willingboro Mall, Ltd. v. 240/242 Franklin Ave., L.L.C. (069082)
Is an oral settlement agreement reached during non-binding mediation but not reduced to writing until after the mediation concluded enforceable under the circumstances presented?
Certification granted: 1/13/12
Posted: 1/18/12
Argued:
Decided:

A-60/61-11 Town of Kearny v. Louis F. Brandt (068992)
May defendants who were granted summary judgment pursuant to the Statute of Repose be considered parties for purposes of apportioning liability to the remaining defendants under the Joint Tortfeasor Contribution Law, N.J.S.A. 2A:53A-1 to -5, and the Comparative Negligence Act, N.J.S.A. 2A:15-5.1 to -5.8?
Certification granted: 1/13/12
Posted: 1/18/12
Argued:
Decided:

A-59-11 John T. Carlin v. Cornell, Hegarty & Koch (069248)
In this insurance coverage action, does a claim that defendants fraudulently concealed evidence during their prior successful defense of a covered personal injury claim fall with the scope of coverage applicable to that original claim, or is it a new claim that is not otherwise covered by the applicable policies?
Certification granted: 1/13/12
Posted: 1/18/12
Argued:
Decided:

A-58-11 In re: Context of November 8, 2011 Election of Office of New Jersey General Assembly, Fourth District (069853)
Does the residency requirement for holding a State legislative office set forth in N.J. Const. art. IV, §1, ¶ 2, violate the United States Constitution?
Certification granted: 1/13/12
Posted: 1/18/12
Argued: 1/27/12
Decided: 02/16/12

A-57-11 Daniel Angland v. Mountain Creek Resort, Inc. (069461)
Does the New Jersey Ski Statute, N.J.S.A. 5:13-1 to -12, which establishes standards of care for ski area operators, also govern liability of individual skiers?
Leave to appeal granted: 1/13/12
Posted: 1/18/12
Argued:
Decided:

A-56-11 State v. Cesar Albert Vargas (069449)
Where police entered an apartment in response to the landlord's 9-1-1 call in which the landlord stated that the tenant had not been seen or heard from for more than two weeks, was evidence seized during the entry admissible in a criminal proceeding against the defendant under the community caretaking exception to the warrant requirement?
Leave to appeal granted: 1/13/12
Posted: 1/18/12
Argued:
Decided:

A-55-11 State v. Keith R. Buckley (069494)
In this trial on charges of vehicular homicide, was evidence about the victim's failure to wear a seat belt and about the placement of a utility pole admissible on the issue of causation?
Leave to appeal granted: 1/13/12
Posted: 1/18/12
Argued:
Decided:

A-54-11 State v. John J. Rockford, III (069106)
Did use by police of a flash-bang device require suppression of evidence seized from defendant's home under these circumstances?
Appeal as of right (Appellate Division dissent)
Posted: 1/3/12
Argued:
Decided:

A-53-11 State v. Thomas W. Earls (068765)
Was defendant's arrest valid where law enforcement officers used information from defendant's cell phone provider about the general location of the cell phone; and did the plain view exception to the warrant requirement apply in these circumstances?
Certification granted: 12/13/11
Posted: 12/16/11
Argued:
Decided:

A-52-11 Ten Stary Dom Partnership v. T. Brent Mauro (069079)
Was the planning board's denial of defendant's application for a zoning variance due to insufficient frontage under N.J.S.A. 40:55D-70 of the Municipal Land Use Law arbitrary, capricious, and unreasonable because it was based in part on consideration of flooding and drainage concerns?
Certification granted: 12/13/11
Posted: 12/16/11
Argued:
Decided:

A-51-11 State v. Larson O'Connor & Corey Moore (068845)
Was this warrantless search of a motor vehicle, based on an anonymous tip to a police officer's work cell phone that the occupants were displaying a firearm, a valid protective search under Michigan v. Long, 463 U.S. 1032 (1983), or permitted by the automobile exception and State v. Pena-Flores, 198 N.J. 6 (2009)?
Leave to appeal granted: 12/8/11
Posted: 12/16/11
Argued:
Decided:

A-50-11 In The Matter Of The Liquidation of Integrity Insurance Company/The Celotex Asbestos Trust (068970)
Is the insured collaterally estopped from obtaining coverage because a prior decision of a bankruptcy court held that the insured failed to provide a proper notice of claim under the relevant insurance policies?
Leave to appeal granted: 12/8/11
Posted: 12/16/11
Argued:
Decided:

A-49-11 State v. Rashad Walker a/k/a Derrick Moss (068742)
Where police knocked on defendant's door based on an anonymous tip that a man was selling illegal drugs there, and defendant opened the door while smoking a marijuana cigarette, did the State establish both probable cause and non-police-created exigent circumstances justifying the warrantless search of defendant's apartment?
Certification granted: 12/8/11
Posted: 12/16/11
Argued:
Decided:

A-48-11 State v. Don C. Shaw (068741)
Was the discovery of an outstanding arrest warrant an intervening circumstance sufficient to dissipate the taint from the prior unlawful stop?
Certification granted: 12/8/11
Posted: 12/16/11
Argued:
Decided:

A-47-11 State v. Michael Cahill (068727)
Were defendant's motor vehicle violations properly dismissed on the basis that he was denied a speedy trial?
Certification granted: 12/8/11
Posted: 12/16/11
Argued:
Decided:

A-46-11 Larry Price v. Himeji, LLC & Union City Zoning Bd. of Adjustment (068971)
Did the Zoning Board of Adjustment properly approve an application for a special reasons variance to construct an apartment building on this property, and did the Appellate Division err in ruling on challenges to the approval that the trial court did not address?
Certification granted: 12/8/11
Posted: 12/16/11
Argued:
Decided:

A-45-11 NAACP of Camden County East v. Foulke Management Corp. (069019)
Were the arbitration provisions contained in various form documents that a consumer signed in connection with her purchase of a new motor vehicle from a New Jersey dealership enforceable?
Certification granted: 12/8/11
Posted: 12/16/11
Argued:
Decided:

A-44-11 State v. Wali Williams (068647)
Was defendant provided with ineffective assistance of counsel, thereby allowing him to withdraw his guilty plea, and was he entitled to an evidentiary hearing on that issue?
Certification granted: 12/8/11
Posted: 12/16/11
Argued:
Decided:

A-43-11 State v. Kevin M. Campfield (068666)
Did defendant provide a sufficient factual basis to support his plea of guilty to reckless manslaughter?
Certification granted: 12/1/11
Posted: 12/2/11
Argued:
Decided:

A-42-11 Farmers Mut. Fire Ins. Co. v. N.J. Prop.-Liab. Ins. Guar. Ass'n (068824)
Must the New Jersey Property-Liability Insurance Guaranty Association (PLIGA), which stands in the shoes of insolvent insurers, indemnify a solvent insurer for environmental cleanup costs according to the allocation method developed in Owens-Illinois, Inc., v. United Insurance Co., 138 N.J. 437 (1994), or does a 2004 amendment to the PLIGA Act, N.J.S.A. 17:30A-1 to -20, control and require exhaustion of coverage from solvent insurers before PLIGA must contribute?
Certification granted: 12/1/11
Posted: 12/2/11
Argued:
Decided:

A-41-11 State v. Blaine F. Scoles (069212)
Subject to a protective order under Rule 3:13-3, should the defense be permitted to obtain the computer-based information containing the alleged child pornography that defendant is charged with possessing and e-mailing, or may defendant be restricted to reviewing the evidence against him at a State facility?
Leave to appeal granted 11/18/11
Posted: 11/21/11
Argued:
Decided:

A-40-11 Frank J. Nostrame v. Natividad Santiago (068651)
May this attorney who was terminated by his client maintain an action against the client's new attorney for tortious interference with contract under the circumstances?
Certification granted 11/18/11
Posted: 11/21/11
Argued:
Decided:

A-39-11 In the Matter of John C. Johnson, Cape May County (068900)
Did the Civil Service Commission abuse its discretion in reclassifying this county employee's title from an unclassified prosecutor's agent, a position he served since 1984, to a classified property clerk?
Certification granted 11/18/11
Posted: 11/21/11
Argued:
Decided:

A-38 & A-102-11 Robert Sipko v. Koger, Inc. (068417)
Was the gift of stock to plaintiff conditioned on his continued employment and did he surrender his interest in the corporations?
Certification granted 11/18/11 & 3/23/12
Posted 11/21/11 & updated 4/3/12
Argued:
Decided:

A-37-11 Doreen Longo v. Pleasure Productions, Inc. (069257)
In this case arising under the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8, is the employer entitled to a new hearing on punitive damages because the trial court declined to instruct the jury that a precondition to such an award was a finding that "upper management" actively participated in or was willfully indifferent to the violation of plaintiff's rights?
Appeal as of right (Appellate Division dissent)
Posted: 11/21/11
Argued:
Decided:

A-36-11 State v. Askia Nash (068546)
Did defendant establish ineffective assistance of counsel warranting a new trial where his trial attorney did not call potential witnesses who later provided written certifications in a civil action that corroborated defendant's claims?
Certification granted 11/14/11
Posted: 11/21/11
Argued:
Decided:

A-35-11 State v. Terrence Miller (068558)
Did the denial of defense counsel's adjournment request require a new trial because defendant, through no fault of his own, was assigned a new attorney who he did not meet until the scheduled trial date?
Appeal as of right (Appellate Division dissent)
Posted: 11/10/11
Argued:
Decided:

A-34-11 Paul M. DePascale v. State of New Jersey (069401)
As applied to certain justices and judges, does the Pension and Health Care Benefits Act, P.L. 2011, c. 78, which increases public employees' contribution rates for their pension and healthcare benefits, operate to diminish judicial salaries and thereby violate article VI, § 6, ¶ 6 of the New Jersey Constitution?
Certification granted 11/10/11
Posted: 11/10/11
Argued: 3/26/12
Decided:

A-33-11 State v. J.D. (064757)
Did the trial court err in applying the Rape Shield Law, N.J.S.A. 2C:14-7, to deny admission of evidence that the victim was sexually active?
Certification granted 11/4/11
Posted: 11/7/11
Argued: 5/8/12
Decided:

A-32-11 Prime Accounting Dep't v. Township of Carney's Point (068380)
Where this complaint to challenge a tax assessment did not correctly identify the taxpayer and instead named a former tenant's accounting department, which never owned or leased the property but was listed on the municipal tax bill, should the taxpayer be permitted to amend the complaint to add itself as sole plaintiff to avoid dismissal for lack of standing?
Certification granted 11/4/11
Posted: 11/7/11
Argued:
Decided:

A-31-11 Amratlal C. Bhagat v. Bharat A. Bhagat (068213)
In these circumstances involving a transfer of stock in a family business from father to son, was the standard for summary judgment properly applied to determine that, due to the high burden of proof needed to overcome the presumption that such a transfer is a gift, no rational factfinder could find that this was a conditional transfer instead of a gift?
Certification granted 11/4/11
Posted: 11/7/11
Argued:
Decided:

A-29/30-11 D.D. v. Univ. of Medicine & Dentistry of N.J. and Rutgers, The State Univ. of N.J. (068812)
Was it an abuse of discretion for the trial court to grant this plaintiff permission to file a late notice of tort claim pursuant to N.J.S.A. 59:8-9, under the circumstances presented?
Appeal as of right (Appellate Division dissent)
Posted: 10/27/11
Argued:
Decided:

A-28-11 Div. of Youth & Family Servs. v. A.L. (068542)
May evidence of a mother's drug use during pregnancy and test results showing cocaine in the newborn baby's system, without more, support a finding of child abuse or neglect under N.J.S.A. 9:6-8.21(c)(4)(b)?
Certification granted 10/26/11
Posted: 10/27/11
Argued:
Decided:

A-27-11 State v. Ralph Sowell (068245)
Did the State's expert testimony responding to hypothetical questions about whether a drug deal took place constitute plain error warranting a new trial?
Certification granted 10/26/11
Posted: 10/27/11
Argued:
Decided:

A-26-11/A-23-10 In the Matter of Advisory Letter No. 3-11 and Opinion No. 12-08 of the Supreme Court Committee on Extrajudicial Activities (066271)
Consistent with the Canons of Judicial Conduct, can a part-time municipal court judge also pursue a career as a comedian and actor, including appearing on a weekly television program, using a fictitious name?
Petition for review granted 10/08/10 & 10/25/11
Posted 10/08/10 & 10/26/11
Argued:
Decided:

A-25-11 In the Matter of Subpoena Duces Tecum on Custodian of Records, Crim. Div. Manager, Morris County (068596)
Is information that defendant provided to the Superior Court, Criminal Division in applying for Public Defender representation protected by the attorney-client privilege?
Leave to appeal granted 10/20/11
Posted 10/26/11
Argued:
Decided:

A-24-11 Borough of East Rutherford v. East Rutherford PBA Local 275 (068872)
Did the arbitrator have authority to require that the Borough reimburse the union members five dollars of the ten-dollar co-pay for physician visits mandated by the State Health Benefits Plan, N.J.S.A. 52:14-17.29(C), until the expiration of the current collective bargaining agreement?
Certification granted 10/20/11
Posted 10/26/11
Argued:
Decided:

A-23-11 State v. Aaron Crooms (068248)
Was this warrantless search of a motor vehicle in a known drug-trafficking area permitted under the exigent-circumstances exception and State v. Pena-Flores, 198 N.J. 6 (2009)?
Certification granted 10/20/11
Posted 10/26/11
Argued: 1/17/12
Dismissed by Order 02/02/12

A-22-11 Sang Chul Lee and Jun Gil Lee v. Young Rah (068927)
Under the circumstances of this legal malpractice action, do New Jersey courts have personal jurisdiction over defendant, a New York attorney?
Certification granted 10/20/11
Posted 10/26/11
Argued:
Decided:

A-21-11 State v. Antonio C. DeShazo (068233)
Was there probable cause to stop and search this motor vehicle and was its warrantless search permitted under the exigent-circumstances exception and State v. Pena-Flores, 198 N.J. 6 (2009)?
Certification granted 10/20/11
Posted 10/26/11
Argued: 1/17/12
Dismissed by Order 02/02/12

A-19/20-11 & A-9-11 State in the Interest of V.A./State in the Interest of C.T./State in the Interest of M.R., Minors (068707)
In this case in which the Prosecutor determined to transfer jurisdiction of juvenile criminal defendants from the Family Part to the Law Division, Criminal Part, were the Attorney General's Juvenile Waiver Guidelines correctly applied?
Leave to appeal granted 9/9/11 & 10/20/11
Posted 9/19/11 & 10/26/11
Argued: Scheduled for 4/24/12
Decided:

A-18-11 State v. Thomas J. Shannon (068220)
Was this warrantless daytime search of a motor vehicle on the New Jersey Turnpike permitted under the exigent-circumstances exception and State v. Pena-Flores, 198 N.J. 6 (2009)?
Certification granted 10/20/11
Posted 10/26/11
Argued: 1/17/12
Dismissed by Order 02/02/12

A-17-11 Valeria Headen v. Jersey City Board of Education (068598)
Are school districts that have adopted the New Jersey Civil Service Act, N.J.S.A. 11A:1-1 to :12-6, which applies to "full-time political subdivision" civil servant employees, required to extend vacation leave pursuant to that statute to the district's ten-month food service employees?
Certification granted 10/20/11
Posted 10/26/11
Argued:
Decided:

A-16-11 Douglas Trautmann v. Chris Christie (067705)
Is the New Jersey statute known as “Kyleigh’s Law,” which requires drivers with a special learner's permit to display a decal on their license plates, preempted by the Federal Driver's Privacy Protection Act; and does it violate equal protection of the law or the right against unreasonable search and seizure guaranteed by the United States and New Jersey constitutions?
Certification granted 10/13/11
Posted 10/14/11
Argued: 5/8/12
Decided:

A-15-11 State v. Joseph Schubert, Jr. (068149)
After defendant has completed his term of probation, can the judgment of conviction be amended to add community supervision for life as required by N.J.S.A. 2C:43-6.4?
Certification granted 10/13/11
Posted 10/14/11
Argued: 5/7/12
Decided:

A-14-11 State v. Manaf Stas (068060)
Did the trial court improperly rely on defendant’s silence at the accident scene as evidence that defendant allowed another person to operate his motor vehicle while intoxicated contrary to N.J.S.A. 39:4-50(a)?
Certification granted 10/13/11
Posted 10/14/11
Argued: 3/27/12
Decided:

A-13-11 612 Associates, LLC v. North Bergen Municipal Utilities Authority (067931)
Under the Sewerage Authorities Law, N.J.S.A. 40:14A-1 to -45, and the Municipal Land Use Law, N.J.S.A. 40:14B-1 to -78, is the sewerage authority to which a housing development is directly connected solely entitled to the sewerage connection fee, or is the neighboring sewerage authority that ultimately treats the effluent entitled to an equitable share of the fee?
Certification granted 10/4/11
Posted 10/07/11
Argued:
Decided:

A-12-11 IMO Advisory Letter No. 7-11 of Supreme Court Advisory Comm. on Extrajudicial Activities (068633)
May petitioner continue to sit as a municipal court judge in light of his son's appointment as a police officer in the same municipality?
Petition for review granted 9/30/11
Posted 10/07/11
Argued:
Decided:

A-11-11 US Bank National Ass'n v. Maryse Guillaume and Emilio Guillaume (068176)
Are defendants entitled to an order vacating the default judgment of foreclosure in part because of deficiencies in the notice of intent to foreclose under the Fair Foreclosure Act, N.J.S.A. 2A:50-56c?
Certification granted 9/30/11
Posted 10/07/11
Argued: 11/30/11
Decided: 2/27/12

A-10-11/A-122-10 State in the Interest of A.D. (068232)
Is it proper to transfer jurisdiction over these criminal charges against this juvenile defendant from the Chancery Division, Family Part to the Law Division, Criminal Part on the basis that the charges were supported by probable cause that the juvenile committed the alleged crime?
Leave to appeal granted 6/30/11 & 9/28/11
Posted 7/5/11 & 10/7/11
Argued: Scheduled for 4/24/12
Decided:

A-9-11 & A-19/20-11 State in the Interest of V.A./State in the Interest of C.T./State in the Interest of M.R., Minors (068707)
In this case in which the Prosecutor determined to transfer jurisdiction of juvenile criminal defendants from the Family Part to the Law Division, Criminal Part, were the Attorney General's Juvenile Waiver Guidelines correctly applied?
Leave to appeal granted 9/9/11 & 10/20/11
Posted 9/19/11 & 10/26/11
Argued: 4/24/12
Decided:

A-8-11 State v. Derek Kaltner (068778)
Under the community caretaking exception to the warrant requirement, may police officers responding to a noise complaint who were permitted entry during a house party search beyond the first floor main living area for residents and seize contraband discovered in plain view in an upstairs bedroom?
Leave to appeal granted 9/9/11
Posted 9/19/11
Argued: 3/27/12
Decided: 5/1/12

A-6/7-11  Edward Nicholas v. Dr. Christopher Mynster (068439 & 068440)
Under the Patients First Act, N.J.S.A. 2A:53A-41(a), may an expert testify against a physician who is certified by the American Board of Medical Specialties if the expert is not certified in the same specialty but practices “similar” medicine?
Leave to appeal granted 9/9/11
Posted 9/19/11
Argued:
Decided:

A-5-11 Northgate Condo. Assoc., Inc. v. Borough of Hillsdale Planning Bd. (067794)
In this action challenging preliminary site plan approval for a development, did plaintiff waive the right to challenge the developer’s notice and, if not, was the notice sufficient to apprise the public about the subject property even though it misidentified the tax map description of the property?
Petition granted 9/9/11
Posted 9/19/11
Argued:
Decided:

A-4-11 D.W. v. R.W. (068214)
In this matrimonial action, was the “best interest of the child” test correctly applied to consider the husband’s request to compel a paternity test regarding the now-adult son in connection with the husband’s third-party claim against the suspected father for support reimbursement?
Petition granted 9/9/11
Posted 9/19/11
Argued: 4/25/12
Decided:

A-3-11 Estate of Naitil Desir v. Jean Robert Vertus (067899)
May a person who does not specifically convey his suspicion about an intruder when he asks a friend to help with “something going on” at his home office be held liable for his friend’s death caused by a third party’s criminal act when the friend went to investigate?
Petition granted 9/9/11
Posted 9/19/11
Argued:
Decided:

A-2-11 New Jersey Dep’t of Envtl. Protection v. Ofra Dimant (067993)
Under the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 to -23.24, is a defendant strictly liable for all damages caused by groundwater contamination regardless whether the Department can establish a causal connection between the leak and the damages?
Petition granted 9/13/11
Posted 9/19/11
Argued: 5/7/12
Decided:

A-1-11 State in the Interest of A.W. (067984)
Was this 13-year-old juvenile’s right against self-incrimination violated because his father left the interrogation room after the officer, speaking in English which she knew the father did not understand, encouraged the juvenile to ask his father to leave; and were the interrogation techniques used likely to have caused the juvenile to confess involuntarily?
Petition granted 9/9/11
Posted 9/19/11
Argued: 5/15/12
Decided:

A-131/132-10 State v. Norman Jackson (067869)
Did the prosecutor’s comments during summation require that defendant’s motion for a new trial be granted, and was there sufficient evidence presented to support the kidnapping conviction?
Petition granted 7/22/11
Posted 7/25/11
Argued: 3/13/12
Decided:

A-130-10 In the Matter of the Parentage of a Child by T.J.S. and A.L.S. (067805)
Does the New Jersey Parentage Act, N.J.S.A. 9:17-38 to -59, recognize an infertile wife as the legal mother of her husband's biological child born to a gestational carrier using a donated egg; and if not, does the statutory omission violate equal protection by treating an infertile woman differently than a similarly-situated infertile man?
Petition granted 7/22/11
Posted 7/25/11
Argued: 3/1/12
Decided:

A-129-10 State v. Rohan Goulbourne (068039)
Should defendant be permitted to withdraw his guilty plea because he was not advised that he had the right to seek legal advice about his immigration status and that he would be deported because of his plea, in light of State v. Nuñez-Valdéz, 200 N.J. 129 (2009), and Padilla v. Kentucky, 130 S. Ct. 1473 (2010), which were decided after he entered his plea?
Motion for leave to appeal granted 7/14/11
Posted 7/18/11
Argued: 11/9/11
Decided: 2/28/12

A-128-10 Geraldine Murray v. Plainfield Rescue Squad (067996)
Under the circumstances presented, was it error to grant the rescue squad's motion for summary judgment based on statutory immunity under N.J.S.A. 26:2K-29?
Certification granted 7/14/11
Posted 7/18/11
Argued: 5/15/12
Decided:

A-127-10 Moses Segal v. Cynthia Lynch and Linda A. Schofel (067683)
May a parenting coordinator, who also is an attorney, be awarded fees for time she spent responding to plaintiff’s motions and subpoenas and to his grievances against her under the Parenting Coordinator Pilot Program Implementation Guidelines?
Certification granted 7/14/11
Posted 7/18/11
Argued: 4/25/12
Decided:

A-126-10 In re Ronald C. Kollman, Jr., Petition for Expungement (067807)
Did the trial court err in denying this petition for expungement of a conviction of third-degree distribution of a controlled dangerous substance?
Certification granted 7/14/11
Posted 7/18/11
Argued: 3/13/12
Decided:

A-125-10 State v. Leroy Munroe (067772)
Should defendant’s motion to vacate his plea to manslaughter prior to sentencing have been granted based on a claim that he acted in self-defense?
Certification granted 7/14/11
Posted 7/18/11
Argued: 3/13/12
Decided:

A-124-10 State v. Boyce Singleton, Jr. (067756)
Did the trial court commit plain error in not issuing the “deific-command” variation of the insanity defense jury instruction?
Certification granted 7/14/11
Posted 7/18/11
Argued: 1/31/12
Decided:

A-123-10 Larisa Shelton v. Restaurant.com, Inc. (068404)
Does the purchase of a gift certificate that is issued by a third-party internet vendor and is contingent (i.e., subject to particular conditions that must be satisfied in order to obtain its face value) qualify as a transaction for "property . . . which is primarily for personal, family or household purposes" so as to come within the definition of a "consumer contract" under section 15 of the New Jersey Truth-in-Consumer Contract, Warranty, and Notice Act, N.J.S.A. 56:12-14 to 12-18?
Question of law certified by U.S. Court of Appeals for Third Circuit, accepted 6/30/11
Posted 7/5/11
Argued: 3/27/12
Decided:

A-122-10/A-10-11 State in the Interest of A.D. (068232)
Is it proper to transfer jurisdiction over these criminal charges against this juvenile defendant from the Chancery Division, Family Part to the Law Division, Criminal Part on the basis that the charges were supported by probable cause that the juvenile committed the alleged crime?
Leave to appeal granted 6/30/11 & 9/28/11
Posted 7/5/11 & 10/7/11
Argued: 4/24/12
Decided:

A-121-10 State v. Alfonso Herrerra; State v. Nelson Gonzalez (067308)
Are these defendants who were convicted of drug offenses and the attempted murder of the police officer who stopped their vehicle entitled to racial-profiling discovery from the State?
Certification granted 6/30/2011
Posted 7/5/11
Argued: 4/25/12
Decided:

A-120-10 State v. Charles Mordan (067610)
Did the prosecutor's closing remarks about the lack of testimony to support the defense's theory that a bandana allegedly worn by defendant had been lost at the crime scene prior to the assault constitute impermissible comment on defendant's choice not to testify?
Certification granted 6/30/2011
Posted 7/5/11
Argued: 1/30/12
Decided:

A-119-10 Memorial Properties, LLC v. Zurich American Ins. Co. (067913)
Did the "occurrences" for which this cemetery and crematorium seek coverage under their general liability insurance policy take place at the time of their alleged mistreatment of the decedents' remains, or when the families of the decedents, the claimants in the underlying civil lawsuits, learned of the wrongdoing years later?
Certification granted 6/30/2011
Posted 7/5/11
Argued: 1/30/12
Decided:

A-118-10 State v. Barrington McDonald (067022)
Should defendant be permitted to withdraw his guilty plea to assault by auto in a school zone based on his claim that he did not know at the time of his plea whether the school zone as defined by N.J.S.A. 2C:12-1c(3)(a) actually included the area of the accident?
Certification granted 6/30/2011
Posted 7/5/11
Argued: 3/1/12
Decided:

A-117-10 State v. Thomas J. Shannon (067687)
Did sufficient exigent circumstances exist to justify this warrantless search of a vehicle stopped for motor vehicle violations, or was the search unconstitutional pursuant to State v. Pena-Flores, 198 N.J. 6 (2009)?
Certification granted 6/30/2011
Posted 7/5/11
Argued: 1/17/12
Dismissed by Order 02/02/12

A-116-10 New Jersey Dep't of Envtl. Protection v. Robert and Michelle Huber (065540)
Was the entry by the Department of Environmental Protection onto private property without a warrant for purposes of conducting an inspection and testing permissible under the circumstances presented?
Certification granted 6/16/11
Posted 6/17/11
Argued:
Decided:

A-115-10 State v. Johnnie Parker (067670)
Is a defendant entitled to oral argument in the trial court on a petition for post-conviction relief?
Certification granted 6/16/11
Posted 6/17/11
Argued: 1/30/12
Decided:

A-114-10 State v. Juan Pablo Santos (067989)
Under what circumstances, if any, may a trial court permit a deported defendant to testify by telephone in an evidentiary hearing on defendant’s post-conviction relief application?
Leave to appeal granted 6/7/11
Posted 6/10/11
Argued: 1/18/12
Decided: 5/8/12

A-113-10 Francis J. McGovern, Jr. v. Rutgers, The State University (067787)
Did the board of governor’s meeting notice and its practices regarding its meetings violate the Open Public Meetings Act, N.J.S.A. 10:4-6 to -21?
Certification granted 6/7/11
Posted 6/10/11
Argued: 4/24/12
Decided:

A-112-10 Wade Stancil v. ACE USA (067640)
May an employee who suffered a work-related injury pursue a common-law cause of action against a workers’ compensation carrier for willful failure to comply with court orders compelling it to provide medical treatment when the delay or denial of treatment causes the employee’s condition to worsen?
Certification granted 6/7/11
Posted 6/10/11
Argued: 3/26/12
Decided:

A-111-10 State v. Carlton Harris (067929)
Are weapons seized during the execution of a search warrant issued under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, admissible in a criminal prosecution?
Leave to appeal granted 5/19/11
Posted 5/23/11
Argued: 1/4/12
Decided:

A-110-10 State v. Tarik Madison and Andre Stanley (068029)
Did police have probable cause to search defendant for narcotics primarily because he interacted with a suspected drug dealer in a manner similar to an interaction between the suspected drug dealer and another individual who was found with drugs earlier that day?
Leave to appeal granted 5/19/11
Posted 5/23/11
Argued: 3/1/12
Decided:

A-109-10 State v. Frensel Gaitan (067613)
Do the decisions in Padilla v. Kentucky, 559 U.S. __, 130 S. Ct. 1473, 176 L. Ed. 2d 284 (2010) and State v. Nunez-Valdez, 200 N.J. 129 (2009) apply to this non-citizen defendant’s argument, raised for the first time in his post-conviction relief petition, that his attorney failed to discuss with him the deportation consequences of his guilty plea?
Certification granted 5/19/11
Posted 5/23/11
Argued: 11/9/11
Decided: 2/28/12

A-108-10 DYFS v. F.M. (067611)
Was it appropriate to terminate defendant’s parental rights under the circumstances presented?
Certification granted 5/19/11
Posted 5/23/11
Argued: 1/4/12
Decided:

A-107-10 American Dream at Marlboro, L.L.C. v. Planning Bd. of Township of Marlboro (067617)
Did plaintiff demonstrate changed circumstances that warranted vacating the deed restrictions on its property?
Certification granted 5/12/11
Posted 5/23/11
Argued: 1/18/12
Decided: 2/16/12

A-106-10 State v. Shareef Edmonds (067889)
Was the warrantless search of the residence justified under the emergency aid or the community caretaking doctrines based on an unknown informant’s report of domestic violence and that the perpetrator had a gun?
Leave to appeal granted 5/12/11
Posted 5/23/11
Argued: 1/18/12
Decided:

A-105-10 Selective Insurance Co. v. Hudson East Pain Management (067133)
Is an automobile insurer providing personal injury protection coverage entitled to expansive discovery from an assignee health service provider under the Uniform Declaratory Judgment Act in the insurer’s internal investigation of suspected insurance fraud?
Certification granted 5/12/11
Posted 5/23/11
Argued: 3/1/12
Decided:

A-104-10 State v. Marcus King (067265)
Was defendant denied his right to self-representation under the circumstances presented?
Certification granted 5/12/11
Posted 5/23/11
Argued: 1/4/12
Decided: 4/12/12

A-103-10 State v. Derrick Harris, Sr. (067348)
Was evidence of defendant’s prior criminal convictions admissible under the circumstances?
Certification granted 4/14/11
Posted 4/18/11
Argued: 10/25/11
Decided: 2/27/12

A-102-10 State v. J.A.C. (067520)
Were the contents of the minor victim’s instant messages to other adult males admissible?
Certification granted 4/14/11
Posted 4/18/11
Argued: 11/9/11
Decided:

A-101-10 Twenty-First Century Rail Corp. v. N.J. Transit Corp. (067652)
Did the prior representation of plaintiff Frontier-Kemper by the attorney for defendant PB Americas create a conflict of interest under RPC 1.9 requiring the attorney’s disqualification from this case?
Leave to appeal granted 4/14/11
Posted 4/18/11
Argued: 1/31/12
Decided: 5/7/12

A-100-10 Bobbie Humphries v. Powder Mill Shopping Plaza and Holly Gardens, Inc. (067267)
Are plaintiffs entitled to an enhanced counsel fee award under the fee-shifting provisions of the Americans with Disabilities Act and the New Jersey Law Against Discrimination?
Certification granted 4/14/11
Posted 4/18/11
Argued: 10/25/11
Decided: 1/25/12

A-99-10 Joyce McDougall v. Charlot Lamm (067436)
May a dog owner maintain a claim for emotional distress when her pet dog is killed in her presence by another dog?
Certification granted 4/14/11
Posted 4/18/11
Argued: 1/4/12
Decided:

A-98-10-10 New Jersey Assoc. of School Administrators v. Bret Schundler, Comm’r of Education (066789)
Are the regulations imposing limitations on the compensation for school board administrators, N.J.A.C. 6A:23A-1.2 to -22.15, valid?
Certification granted 4/14/11
Posted 4/18/11
Argued: 1/18/12
Decided: 5/3/12

A-97-10 Sussex Commons Associates v. Rutgers, the State University (067232)
Is the Environmental Law Clinic operated by Rutgers School of Law, which provides pro bono environmental legal services to the public, a state agency subject to New Jersey’s Open Public Records Act, N.J.S.A. 47:1A-1 to -13?
Certification granted 4/7/11
Posted 4/11/11
Argued: 3/12/12
Decided:

A-96-10_Jersey Central Power & Light Co. v. Melcar Utility Co. (067444)
Does the Underground Facility Protection Act, N.J.S.A. 48:2-73 to -91, which requires that claims less than $25,000 "shall be subject to an alternative dispute resolution process as established" within the Public Defender's Office of Dispute Settlement ("ODS"), fail to provide sufficient guidance to the ODS; and does the ODS dispute resolution procedure, which mandates binding arbitration, constitute rulemaking in violation of the Administrative Procedure Act?
Certification granted 3/31/11
Posted 4/1/11
Argued: 11/29/11
Decided:

A-95-10 Willie C. Rowe v. Mazel Thirty, LLC (067237)
What standard of care is owed to a police officer injured while conducting a non-emergency building-violations check on a vacant building?
Certification granted 3/31/11
Posted 4/1/11
Argued: 11/30/11
Decided: 2/2/12

A-90/91/92/93/94 I/M/O Adoption of N.J.A.C. 5:96 and 5:97 by the New Jersey Council on Affordable Housing (067126)
Are these "third-round" rules adopted by the Council on Affordable Housing under the Fair Housing Act (FHA), N.J.S.A. 52:27D-301 to -329.19, which establish municipalities' obligations to provide affordable housing, invalid because they include a compliance mechanism that involves use of a "growth share methodology"?
Certification granted 3/31/11
Posted 4/1/11
Argued:
Decided:

A-88/89-10 Vonnie Cornett v. Johnson & Johnson and Cordis Corp. (066671)
In these product liability cases alleging defects in a medical device, are plaintiffs' common-law claims based on defendants' statements about off-label uses preempted by the Food, Drug, and Cosmetic Act, 21 U.S.C.A. §§ 301-399; and are the claims time barred?
Certification granted 3/31/11
Posted 4/1/11
Argued: 1/30/12
Decided:

A-87-10 State v. Buddy Randolph (067218)
Where defendant's sentence was remanded for reconsideration under State v. Yarbough, 100 N.J. 627 (1985), for the sentencing court to explain its decision imposing consecutive terms, did the court err in refusing to consider evidence of defendant's post-conviction rehabilitation efforts?
Certification granted 3/31/11
Posted 4/1/11
Argued: 10/25/11
Decided:

A-86-10 State v. Shannon Reeves (067193)
In the circumstances presented, were police justified in stopping and frisking defendant for a weapon under State v. Williams, 192 N.J. 1 (2007)?
Certification granted 3/16/11
Posted 3/17/11
Argued: 9/26/11
Decided:

A-84/85-10 John Seals v. County of Morris (067441)
Where a vehicle strikes a utility-company owned pole that was placed along a county road many years before local laws regulated such placements, may the utility company or the county be held liable for the injuries sustained in light of Contey v. New Jersey Bell Telephone Co., 136 N.J. 582 (1994), and the New Jersey Torts Claims Act, N.J.S.A. 59:1-1 to 12-3?
Leave to appeal granted 3/16/11
Posted 3/17/11
Argued: 11/9/11
Decided: 5/14/12

A-82/83-10 U.S. Bank, N.A. v. Nikia Hough (067029)
Where a lender makes a loan secured by a mortgage on an affordable housing unit that exceeds the amount permitted by the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1 to -26.26, is the lender prohibited from seeking to foreclose on the mortgage and, if so, is the underlying debt void as against public policy?
Certification granted 3/10/11
Posted 3/11/11
Argued: 11/7/11
Decided: 5/22/12

A-81-10 State v. Reynold Regis (066947)
Must the State prove that defendant both failed to maintain his lane and that this affected the safety of other drivers to establish a traffic violation under N.J.S.A. 39:4-88(b)?
Certification granted 2/15/11
Posted 2/16/11
Argued: 9/26/11
Decided: 12/14/11

A-80-10 Jamie Gannon v. American Home Products, Inc. (066899)
Where a federal court determined in plaintiff’s prior case that he failed to establish that a polio vaccine contaminant causes cancer, does the doctrine of collateral estoppel bar him from re-litigating causation in his state court action against the vaccine manufacturer?
Certification granted 2/15/11
Posted 2/16/11
Argued: 11/7/11
Decided:

A-79-10 State v. Reynaldo Galicia (067018)
Did the jury instructions and verdict sheet inappropriately limit the application of the passion/provocation defense?
Certification granted 2/15/11
Posted 2/16/11
Argued: 11/30/11
Decided:

A-78-10 Julia Gere f/k/a Julia Gere Ricker v. Frank A. Louis, Esq. (066926)
Is plaintiff’s legal malpractice claim barred under Puder v. Buechel, 183 N.J. 428 (2005), where she resolved a property dispute with her former spouse by entering into a settlement agreement that included a reservation of rights to sue her former attorney?
Certification granted 2/10/11
Posted 2/16/11
Argued: 11/7/11
Decided: 03/06/12

A-77-10 W.J.A. V. D.A. (067093)
In this defamation action based on Internet postings accusing a private plaintiff of engaging in sexual misconduct, are damages presumed or must the plaintiff prove actual harm to reputation?
Certification granted 2/3/11
Posted 2/4/11
Argued: 11/7/11
Decided: 5/16/12
Corrected Opinion issued: 5/21/12

A-76-10 State v. Earl J. Smith, III (066971)
Does the victim of a motor vehicle accident have standing to appeal a provision in a municipal court judgment of conviction that precludes using defendant’s guilty plea to reckless driving in a civil proceeding under Rule 7:6-2(a)(1)?
Certification granted 2/3/11
Posted 2/4/11
Appeal dismissed by order 5/12/11

A-74/75-10 Donald T. Polzo v. County of Essex (066910)
For purposes of liability under the Tort Claims Act, N.J.S.A. 59:4-2, can the County be deemed to have had constructive notice of a dangerous condition on the roadway’s shoulder based, in part, on its failure to have a proactive road inspection program?
Certification granted 2/3/11
Posted 2/4/11
Argued: 9/26/11
Decided: 1/18/12

A-73-10 Kamie S. Kendall v. Hoffmann-La Roche, Inc. (066802)
Is plaintiff’s claim involving the medication Accutane® time-barred pursuant to the presumption of the Product Liability Act, N.J.S.A. 2A:58C-4, that FDA-approved warnings provide adequate notice of the risks?
Certification granted 2/3/11
Posted 2/4/11
Argued: 10/24/11
Decided: 2/27/12

A-72-10 May L. Walker v. Carmelo Giuffre (066969)
Did the trial court err in enhancing attorney’s fees by forty-five percent under the circumstances presented?
Certification granted 2/3/11
Posted 2/4/11
Argued: 10/25/11
Decided: 1/25/12

A-70/71-10 State v. Alnesha Minitee; State v. Darnell Bland (066771)
Was this warrantless search of the vehicle allegedly used in an armed robbery unconstitutional pursuant to State v. Pena-Flores, 198 N.J. 6 (2009), and did defendant Bland have standing to challenge the search because he had been an occupant before the police seized the vehicle?
Certification granted 1/27/11
Posted 1/28/11
Argued: 1/17/12
Decided:

A-69-10 Kenneth Van Dunk, Sr. v. Reckson Associates Realty Corp. (066949)
Under the circumstances of this case, which include a finding by the federal Occupational Safety and Health Administration that the accident was the result of a “willful violation” of its regulations, did the employer’s action constitute an “intentional wrong” that would preclude immunity under N.J.S.A. 34:15-8 of the workers’ compensation statute?
Certification granted 1/27/11
Posted 1/28/11
Argued: 10/12/11
Decided:

A-68-10 State v. Stanley Cliff Smith a/k/a Jerry Johnson (066806)
Did the prosecutor’s comments during summation constitute misconduct warranting a new trial, and should the co-defendant’s telephone toll records have been suppressed?
Certification granted 1/27/11
Posted 1/28/11
Argued: 9/26/11
Reargued: 3/12/12
Decided:

A-67-10 State v. Stanford Yough (066950)
Did the Appellate Division err in reversing the Law Division’s order denying a mistrial based on the victim’s prejudicial comments made during defense counsel’s cross-examination concerning identification?
Appeal as of right (Appellate Division dissent)
Posted 1/28/11
Argued: 9/27/11
Decided: 11/30/11

A-66-10 Borough of Sayreville v. 35 Club, L.L.C. t/a XXXV Gentlemen’s Club (067092)
In determining whether N.J.S.A. 2C:34-7(a), which prohibits sexually oriented businesses within 1000 feet of a public park or residential zone, is unconstitutional as applied, may the trial court consider whether out-of-State locations are adequate alternative sites for such businesses?
Appeal as of right (Appellate Division dissent)
Posted 1/28/11
Argued: 9/12/11
Decided: 1/19/12

A-65-10 Mazdabrook Commons Homeowners’ Association v. Wasim Kahn (067094)
May a homeowners’ association constitutionally limit the display of homeowners’ signs to only “for sale” signs?
Appeal as of right (Appellate Division dissent)
Posted 1/28/11
Argued: 10/24/11
Decided:

A-64-10 State v. Kevin J. Hudson (066660)
Did the court abuse its discretion in imposing a consecutive extended term where defendant was previously sentenced to an extended term for charges originating from the same indictment, but which involved a separate crime against a different victim and for which he had a separate trial?
Certification granted 1/20/11
Posted 1/24/11
Argued: 9/12/11
Decided: 2/6/12

A-63-10 John Rogers v. Cape May County Office of the Public Defender (067048)
For purposes of the notice provisions of the Tort Claims Act, N.J.S.A. 59:1-1 to 59:12-3, did plaintiff’s legal malpractice claim accrue when the Appellate Division reversed his conviction based on ineffective assistance of counsel or when the indictment against him was subsequently dismissed with prejudice?
Certification granted 1/20/11
Posted 1/24/11
Argued: 9/27/11
Decided: 12/5/11

A-61/62-10 Paris Wilson v. City of Jersey City (066782)
Are defendants entitled to governmental immunity from liability based on N.J.S.A. 52:17C-10 (Title 52 immunity) or the particularized immunity provisions of the Tort Claims Act, N.J.S.A. 59:1-1 to 12-3, for plaintiffs’ claims that unheeded calls to the City’s 9-1-1 system contributed to the victims’ injuries and deaths?
Certification granted 1/20/11
Posted 1/24/11
Argued: 10/12/11
Decided: 3/8/12

A-60-10 Selective Insurance Co. v. Arthur C. Rothman, M.D. (066630)
May a medical insurer refuse to pay claims for needle electromyography tests (EMGs) performed by a physician assistant (P.A.) on the grounds that a P.A. is not authorized to perform EMGs consistent with N.J.S.A. 45:9-5.2, which provides that EMGs may only be performed by a person “licensed to practice medicine and surgery”?
Certification granted 1/20/11
Posted 1/24/11
Argued: 10/12/11
Decided: 1/18/12
Corrected Opinion issued: 1/19/12

A-59-10 Michael McDade v. Rodolfo Siazon (067086)
For purposes of the notice provisions of the Tort Claims Act, N.J.S.A. 59:1-1 to 59:12-3, does the discovery rule apply so that plaintiff’s personal injury claim did not accrue until he learned that the pipe that allegedly caused his fall on a sidewalk was owned by the municipal utilities authority (MUA) and not the municipality to whom he sent timely notice and which had the same claims administrator as the MUA?
Certification granted 1/20/11
Posted 1/24/11
Argued: 9/27/11
Decided: 12/22/11

A-57/58-10 State v. Krishana L. Hammond (066610)
Can a defendant be placed on probation for a second-degree aggravated assault subject to the No Early Release Act, N.J.S.A. 2C:43-7.2; and if not, what impact does defendant’s probationary sentence have on the subsequent sentences imposed?
Certification granted 1/20/11
Posted 1/24/11
Argued: 10/11/11
Decided: Improvidently granted 11/3/11

A-56-10 State v. Sally A. McDonald (066773)
Where defendant was previously sentenced to an extended term, did the trial court abuse its discretion in sentencing her to a consecutive extended term for an offense committed prior to the former sentence?
Certification granted 1/18/11
Posted 1/18/11
Argued: 9/12/11
Decided: 2/6/12

A-54/55-10 Vandella Davis v. Devereux Foundation (066800)
Does an institution that cares for the mentally disabled have a non-delegable duty to protect its residents from harm?
Certification granted 1/7/11
Posted 1/10/11
Argued: 9/12/11
Decided: 2/29/12

A-53-10 Mark Tannen v. Wendy G. Tannen (066951)
Under the circumstances of this case, is it proper to impute income to defendant based on her beneficial interest in a discretionary trust for purposes of determining plaintiff’s alimony and child support obligations?
Certification granted 1/7/11
Posted 1/10/11
Argued: 9/13/11
Decided: 12/8/11

A-51/52-10 Cast Art Industries, LLC v. KPMG, LLP (066891)
Did the plaintiff’s evidence satisfy the prerequisites of the Accountant Liability Act, N.J.S.A. 2A:53A-25, for imposing upon an accountant a duty of care to a party other than the accountant’s client?
Certification granted 1/7/11
Posted 1/10/11
Argued: 9/13/11
Decided: 2/16/12

A-49/50-10 State v. Demetrius M. Diaz-Bridges (067065)
Did defendant invoke his right to remain silent by asking to speak to his mother or by stating that he wanted to go home and could not answer any more questions?
Leave to appeal granted 12/10/10
Posted 12/14/10
Argued: 9/12/11
Decided: 1/12/12

A-48-10 State v. James Mauti (067006)
Does the spousal privilege apply to protect defendant’s wife from being compelled to testify against him under the circumstances presented?
Leave to appeal granted 12/10/10
Posted 12/14/10
Argued: 10/11/11
Decided:

A-45/46/47-10 Steven J. Winters v. North Hudson Regional Fire & Rescue (066968)
Where the employer’s decision to terminate the employee for misconduct was upheld in administrative proceedings and on appeal, may the employee maintain a claim that he was terminated in violation of the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8?
Leave to appeal granted 12/10/10
Posted 12/14/10
Argued: 5/3/11
Reargued: 1/5/12
Decided:

A-44-10 Karen Wood v. New Jersey Manufacturers Ins. Co. (066643)
Is there a right to a jury trial on a bad faith claim against an insurer under Rova Farms Resort, Inc. v. Investors Ins. Co. of Am., 65 N.J. 474 (1974)?
Certification granted 12/10/10
Posted 12/14/10
Argued: 5/3/11
Decided: 6/14/11

A-43-10 Vasil Kovalcik v. Somerset County Prosecutor’s Office (066529)
Do records of a public employee’s coursework or training beyond those demonstrating the minimum job qualifications constitute “personnel records” that are exempt from disclosure as “government records” under the Open Public Records Act, N.J.S.A. 47:1A-1 to -13?
Certification granted 12/10/10
Posted 12/14/10
Argued: 5/4/11
Decided: 6/21/11

A-41/42-10 Pomerantz Paper Corp. v. New Community Corp. (066531)
Is this commercial seller subject to a claim of unconscionable commercial practices under the Consumer Fraud Act for billing the commercial buyer after delivery at prices the buyer claims were excessive?
Certification granted 12/10/10
Posted 12/14/10
Argued: 5/4/11
Decided: 7/25/11

A-39/40-10 Thomas F. Fox v. Jean Millman (066564)
Is the equitable doctrine of laches available as an affirmative defense when the statute of limitations period has not expired?
Certification granted 12/10/10
Posted 12/14/10
Argued: 10/12/11
Decided:

A-38-10 Richard Luchejko v. City of Hoboken (066580)
Does a condominium association have a duty to maintain an abutting public sidewalk free of dangerous conditions?
Certification granted 11/18/10
Posted 11/24/10
Argued: 3/15/11
Decided: 7/27/11

A-37-10 City of Wildwood v. Gary DeMarzo (065696)
May a police officer for a municipality maintain that position on an unpaid leave of absence while also serving as an elected official on the governing body of the same municipality?
Certification granted 11/18/10
Posted 11/24/10
Appeal dismissed, certification improvidently granted. 3/24/11

A-36-10 Fair Share Housing Center, Inc. v. N.J. State League of Municipalities (066228)
Is the New Jersey State League of Municipalities, which is a nonprofit, unincorporated association of all New Jersey municipalities authorized pursuant to N.J.S.A. 40:48-22, a public agency subject to the New Jersey Open Public Records Act, N.J.S.A. 47A:1A-1 to -13, or the common law right of access to public records?
Certification granted 11/18/10
Posted 11/24/10
Argued: 5/4/11
Decided: 8/23/11

A-35-10 State v. Aaron P. Schmidt (066538)
When a person agrees to submit to an alcohol breath test but then fails to provide an adequate sample, are police required to read the standard statement concerning the consequences of refusal pursuant to N.J.S.A. 39:4-50.2(e)?
Certification granted 11/04/10
Posted 11/10/10
Argued: 3/28/11
Decided: 5/26/11

A-34-10 O Builders & Associates, Inc. v. Yuna Corp. of NJ d/b/a Baden Baden Restaurant (066490)
Did the prior consultation between the defendant and plaintiff’s attorney create a conflict that required the attorney to be disqualified from representing plaintiff in this litigation?
Certification granted 10/28/10
Posted 10/28/10
Argued: 3/29/11
Decided: 5/25/11

A-33-10 Donald Sachau v. Barbara Sachau (066297)
In deciding plaintiff’s application to enforce a provision in the divorce judgment requiring the sale of the marital residence when the parties’ youngest child completed college, was it proper to require that his share of the proceeds be based on the value of the home as of the date that the provision was actually triggered many years ago?
Certification granted 10/28/10
Posted 10/28/10
Argued: 3/29/11
Decided: 5/11/11

A-32-10  State v. George Calleia (066446)
Under the circumstances of this case, was it reversible error to allow the State to introduce the murder victim’s hearsay statements to show defendant’s motive to kill, and was it improper for the prosecutor to use a stopwatch during summation to show how long it took for the victim to die?
Certification granted 10/21/10
Posted 10/22/10
Argued: 3/15/11
Decided: 6/9/11

A-31-10  State v. L.H. (066436)
Where new DNA evidence leads to defendant’s conviction and sentence for a crime committed a decade earlier, and during the intervening period he was sentenced and completed custodial sentences on unrelated offenses, is defendant entitled to receive gap-time credits under N.J.S.A. 2C:44-5b(2) for the prior completed sentences?
Certification granted 10/21/10
Posted 10/22/10
Argued: 3/14/11
Decided: 6/15/11

A-30-10  William W. Allen v. V and A Brothers, Inc. (066568)
May employees be held liable for their personal participation in a corporation’s violation of Consumer Fraud Act (CFA) regulations without requiring plaintiff to establish grounds to pierce the corporate veil; and where the employees had been dismissed from the case and did not participate in the jury trial against the corporation, may they be bound by the jury’s findings on liability and damages?
Certification granted 10/21/10
Posted 10/22/10
Argued: 2/28/11
Decided: 7/7/11

A-28/29-10  Debra A. Lombardi v. Christopher J. Masso (066488)
Under what circumstances may a panel of the Appellate Division overturn the decision of another panel in a prior interlocutory appeal in the same case?
Petition for certification granted 10/21/10
Posted 10/22/10
Argued: 3/28/11
Decided: 8/26/11

A-27-10  Peter Risko v. Thompson Muller Automotive Group t/a Hammonton Chrysler Jeep Dodge (066502)
In this wrongful death case arising from a slip-and-fall, did the cumulative effect of plaintiff’s attorney’s comments during summation, including telling the jury that they would be “ignoring the law” if they had an issue with “a million dollar case,” violate the prohibition against suggesting a verdict?
Leave to appeal granted 10/21/10
Posted 10/22/10
Argued: 3/29/11
Decided: 6/7/11

A-25-10  Whirlpool Properties, Inc. v. Director, Division of Taxation (066595); and
A-26-10  Pfizer Inc. v. Director, Division of Taxation (066595)
Is N.J.S.A. 54:10A-6(B) of the New Jersey Corporation Business Tax Act, as amended in 2002, which is known as the “Throwout Rule,” facially constitutional under the United States Constitution?
Leave to appeal granted 10/21/10
Posted 10/22/10
Argued: 5/4/11
Decided: 7/28/11
A-26-10 Stipulation of Dismissal filed 5/25/11

A-24-10 Division of Youth & Family Services v. K.A. (066372)
Does striking a child several times on the shoulder with a closed fist, causing visible bruising, constitute abuse by “excessive corporal punishment” under N.J.S.A. 9:6-8.21?
Petition for certification granted 10/14/10
Posted 10/15/10
Argued: 3/15/11
Decided:

A-23-10/A-26-11 In the Matter of Advisory Letter No. 3-11 and Opinion No. 12-08 of the Supreme Court Committee on Extrajudicial Activities (066271)
Consistent with the Canons of Judicial Conduct, can a part-time municipal court judge also pursue a career as a comedian and actor, including appearing on a weekly television program, using a fictitious name?
Petition for review granted 10/08/10 & 10/25/11
Posted 10/08/10 & 10/26/11
Argued:
Decided:

A-22-10 Denise A. Perrelli v. Bridget Pastorelle (066207)
Does N.J.S.A. 39:6A-4.5(a) bar a person who was injured while a passenger in her own uninsured vehicle from pursuing an action for automobile accident injuries?
Leave to appeal granted 10/07/10
Posted 10/08/10
Argued: 3/14/11
Decided: 6/1/11

A-21-10 Division of Youth & Family Services v. T.B. (066294)
When T.B. left her sleeping four-year-old son home alone for two to three hours one evening under the mistaken belief that T.B.’s mother, with whom they resided, was also home asleep, did T.B. commit an act of “neglect” requiring her name to remain on the Division's child abuse registry pursuant to N.J.S.A. 9:6-8.11?
Certification granted 10/07/10
Posted 10/08/10
Argued: 2/28/11
Decided: 8/8/11

A-20-10 Gregory Russo v. Board of Trustees, Police & Firemen’s Retirement Sys. (065546)
Did the work-related incident that directly caused this officer’s permanent psychological disability qualify as a “traumatic event” under the standards set forth in Patterson v. Board of Trustees, State Police Retirement System, 194 N.J. 29 (2008)?
Certification granted 10/07/10
Posted 10/08/10
Argued: 3/1/11
Decided: 5/17/11

A-18/19-10 State v. Roy Friedman (066332)
When a defendant is sentenced to serve consecutive terms pursuant to the No Early Release Act (NERA), must the parole supervision periods imposed pursuant to N.J.S.A. 2C:43-7.2(c) run concurrently; and did the plea agreement provision that prohibited defense counsel from advocating for concurrent sentences violate defendant’s right to counsel and due process of law?
Certification granted 10/07/10
Posted 10/08/10
Argued: 10/11/11
Decided: 1/24/12

A-17-10/A-67-09  State v. Daniel Twian Brown (064807)
Were defendant’s custodial statements, made after he was unlawfully arrested, admissible?
Certification granted 1/22/10
Cross-petition granted 10/06/10
Re-posted 10/08/10
Argued: 10/12/10
Decided: 1/25/11

A-16-10 In the Matter of Nicholas R. Foglio, Fire Fighter (066482)
Was the challenging candidate entitled to a more detailed explanation for the hiring authority’s decision to bypass him for individuals ranked lower on the certified eligible list?
Certification granted 10/07/10
Posted 10/08/10
Argued: 3/1/11
Decided: 7/19/11

A-15-10 GMAC v. Rosanna Pittella (066273)
Pursuant to Rule 2:2-3(a) and Wein v. Morris, 194 N.J. 364 (2008), is an order compelling arbitration as to some but not all parties a “final judgment” for appeal purposes?
Certification granted 9/30/10
Posted 10/01/10
Argued: 1/31/11
Decided: 3/23/11

A-14-10 State v. Danny Lazo (066199)
Did the trial court err in admitting into evidence a prior arrest photograph of defendant and the testimony of a police officer about that photo and the officer’s inclusion of a different photo of defendant in the array shown to the victim?
Certification granted 9/23/10
Posted 9/23/10
Argued: 9/13/11
Decided: 2/1/12

A-13-10 State v. Michael Hayes (065523)
Was defendant’s right to counsel violated where the trial court denied his request to adjourn sentencing so he could obtain new counsel to file a motion to withdraw his guilty plea based on the alleged ineffective assistance of his first attorney during plea negotiations?
Certification granted 9/23/10
Posted 9/23/10
Argued: 2/28/11
Decided: 3/31/11

A-12-10 Laura Higgins v. Mary F. Thurber (066001)
Is plaintiff’s legal malpractice action barred by the entire controversy doctrine given plaintiff’s voluntary dismissal of similar claims in the prior probate action?
Certification granted 9/15/10
Posted 9/23/10
Argued: 2/8/11
Decided: 3/16/11

A-11-10 State v. William E. Rivera a/k/a Juan Rivera (065943)
Was it plain error for the trial court to not charge the jury on diminished capacity given the testimony of defendant’s expert regarding his psychological condition?
Certification granted 9/15/10
Posted 9/23/10
Argued: 3/1/11
Decided: 4/26/11

A-10-10 Robert Buck v. James R. Henry, M.D. (065860)
Does N.J.S.A. 2A:53A-41(a) of the Affidavit of Merit Statute require the dismissal of plaintiff’s medical malpractice claim under the circumstances presented?
Leave to appeal granted 9/10/10
Posted 9/23/10
Argued: 1/19/11
Decided: 8/22/11

A-9-10 Sheila Aronberg v. Wendell Tolbert (066414)
Does N.J.S.A. 39:6A-4.5(a), which bars a lawsuit for automobile accident damages by an individual who was operating an uninsured vehicle, also preclude a wrongful death claim by the estate of that individual?
Leave to appeal granted 9/10/10
Posted 9/23/10
Argued: 3/14/11
Decided: 8/29/11

A-08-10 State v. Jamiyl Dock (066322)
Does State v. Artwell, 177 N.J. 526 (2003), concerning the appearance of a defense witness in restraints, apply retroactively?
Leave to appeal granted 9/10/10
Posted 9/23/10
Argued: 1/18/11
Decided: 3/8/11

A-7-10 Too Much Media, LLC v. Shellee Hale (066074)
Is this blogger, who operated a website she claimed was intended for investigative reporting on issues of public importance, and who posted information about plaintiffs on another website’s bulletin board, a journalist entitled to the protections of New Jersey’s Shield Law and the First Amendment?
Leave to appeal granted 9/10/10
Posted 9/23/10
Argued: 2/8/11
Decided: 6/7/11

A-6-10 In the Matter of Anthony Stallworth, Camden County Mun. Utils. Auth. (066097)
In this case involving the discipline of a public employee, did the Merit System Board err in determining that removal was too harsh and that a four-month suspension was appropriate?
Certification granted 9/10/10
Posted 9/23/10
Argued: 2/8/11
Decided: 4/12/11

A-5-10 Magdy Abouzaid v. Mansard Gardens Associates (066223)
Does this commercial general liability insurance policy require the insurer to provide a litigation defense to an insured who was sued for emotional distress under Portee v. Jaffee, 84 N.J. 88 (1980), where the Portee claim does not allege physical injury to the plaintiff?
Certification granted 9/10/10
Posted 9/23/10
Argued: 1/19/11
Decided: 6/21/11

A-3/4-10  Donald Nuckel v. Borough of Little Ferry Planning Board (066096)
Under the circumstances, is a use variance required to permit the use of a small corner of a non-conforming lot to obtain access to a proposed hotel driveway on an adjoining lot?
Certification granted 9/10/10
Posted 9/23/10
Argued: 1/5/11
Decided: 6/16/11

A-2-10 Division of Youth and Family Services v. R.D. (066070)
In this Title 30 proceeding to terminate parental rights, was the doctrine of collateral estoppel properly applied to bar re-litigation of the issue of abuse based on findings made in a prior Title 9 abuse-or-neglect proceeding?
Certification granted 9/10/10
Posted 9/23/10
Argued: 5/3/11
Decided: 7/20/11

A-1-10 Paul Morgan v. Kristin Morgan n/k/a Kristin Leary (066280)
Were the standards set forth in Bauers v. Lewis, 167 N.J. 91 (2001), for evaluating a custodial parent’s application to relocate with the children properly applied in this case, and did the Appellate Division err in reversing the three-year-old order denying a relocation application without remanding the matter to evaluate current circumstances?
Certification granted 9/9/10
Posted 9/9/10
Argued: 11/9/10
Decided: 2/8/11

A-116-09 Policemen’s Benevolent Association, Local No. 11 v. City of Trenton (65,839)
Is the arbitrator’s conclusion that officers must be compensated for reporting for roll call ten minutes prior to their shifts entitled to deference as a “reasonably debatable” interpretation of the parties’ collective bargaining agreement?
Appeal as of right
Posted 8/12/10
Argued: 1/31/11
Decided: 3/29/11

A-115-09 J.D. v. M.D.F. (065499)
Under the circumstances, was there sufficient proof of intent to harass within the meaning of the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35?
Certification granted 7/19/10
Posted: 7/19/10
Argued: 1/19/11
Decided: 7/28/11

A-114-09 International Schools Services, Inc. v. West Windsor Township (066060)
Did this non-profit organization, which aids and promotes independent educational associations, forfeit its local property tax exemption under N.J.S.A. 54:4-3.6 by using some of its reserves, staff, and property to subsidize its related for-profit entities?
Certification granted 7/19/10
Posted: 7/19/10
Argued: 1/4/11
Decided: 7/6/11

A-113-09 State v. Marie Hess (066015)
Was defendant denied her right to effective assistance of counsel because her attorney allowed her to enter into a plea agreement that precluded her from seeking a lesser term, failed to present mitigating evidence, and failed to object to victim impact evidence presented at her sentencing hearing?
Certification granted 7/15/10
Posted: 7/16/10
Argued: 1/5/11
Decided: 7/21/11

A-112-09 Joseph A. Donelson v. DuPont Chambers Works (065628)
Does recovery of damages for economic loss associated with back and front pay require proof of actual or constructive discharge under the Conscientious Employee Protection Act, N.J.S.A. 34:19-1 to -8?
Certification granted 7/15/10
Posted: 7/16/10
Argued: 12/1/10 at the Gloucester County Courthouse
Decided: 6/9/11

A-111-09 State v. Zarik Rose (065010)
Was evidence that defendant previously was indicted and incarcerated on charges that he attempted to murder the victim admissible at defendant’s trial pursuant to N.J.R.E. 404(b), res gestae, or some other legal doctrine?
Certification granted 7/9/10
Posted: 7/16/10
Argued: 1/4/11
Decided: 6/8/11

A-110-09 Frederick Voss v. Kristoffe J. Tranquilino (066153)
Does N.J.S.A. 39:6A-4.5(b), the No Fault Act provision that precludes a DUI offender’s action to recover damages for losses resulting from a motor vehicle accident, bar the intoxicated motorist’s claim under the Dram Shop Act, N.J.S.A. 2A:22A-1 to -7, against the tavern that served him?
Leave to appeal granted 7/12/10
Posted: 7/16/10
Argued: 3/14/11
Decided: 6/1/11

A-109-09 State v. Jason Shelley (065815)
Is this Goddard School for Early Childhood Development an “elementary school” within the meaning of N.J.S.A. 2C:35-7, which prohibits distribution of controlled dangerous substances within 1,000 feet of a school?
Certification granted 7/12/10
Posted: 7/16/10
Argued: 11/30/10
Decided: 3/9/11

A-108-09 State v. Germaine A. Handy (065941)
Should evidence found on defendant during a search incident to arrest be suppressed because the police dispatcher incorrectly informed the arresting officer that there was an outstanding arrest warrant for defendant?
Certification granted 7/12/10
Poste:7/16/10
Argued: 12/1/10 at the Gloucester County Courthouse
Decided: 4/26/11

A-106/107-09 John P. Conway v. Borough of Florham Park (065873)
Was plaintiff improperly removed as borough administrator pursuant to N.J.S.A. 40A:9-136 to -138 when the borough refused to renew his one-year contract without a two-thirds vote of the governing body; and does that statute permit a municipality to appoint an administrator for a fixed term even though it provides that the administrator serves “at the pleasure of the governing body”?
Certification granted 7/12/10
Posted: 7/16/10
Argued: 11/9/10
Order filed 2/7/11 to Reverse and Vacate

A-105-09 Ronald Durando v. The Nutley Sun (065978)
Did plaintiffs in this defamation action provide evidence, sufficient to survive summary judgment, that the inaccurate newspaper headline was published with actual malice?
Certification granted 7/12/10
Posted: 7/16/10
Argued: 1/5/11
Reargued: 11/29/11
Decided: 2/28/12

A-104-09 Tina Kieffer v. Best Buy (066002)
Were the defendants’ indemnification agreements properly interpreted in allocating litigation costs among defendants?
Certification granted 7/12/10
Posted: 7/16/10
Argued: 11/8/10
Decided: 3/15/11

A-102/103-09 Kent Motor Cars, Inc. v. Reynolds and Reynolds Co. (065620)
Was defendant entitled to the sanction of dismissal of the action under Rule 4:5-1(b)(2) because plaintiff failed to provide notice in its first pleading in prior litigation that defendant was a potentially liable party?
Certification granted 6/30/10
Posted: 7/16/10
Argued: 10/13/10
Decided: 5/18/11

A-101-09 State v. Dwayne Gillispie (064819)
Where ballistic evidence established that the gun used in these killings was the same gun used in a prior armed robbery involving defendants and that evidence was properly admitted as relevant to the issue of identity, was the admission of additional evidence about the details of the prior robbery, including the shooting of three people, unduly prejudicial?
Certification granted 6/30/10
Posted: 7/16/10
Argued: 1/4/11
Decided: 6/9/11

A-100-09 Seidman v. Clifton Savings Bank (064904)
In this derivative stockholder action challenging directors’ self-dealing, were these directors protected by the business judgment rule as a result of the shareholders’ ratification of their incentive and retirement plans?
Certification granted 6/30/10
Posted: 7/16/10
Argued: 1/5/11
Decided: 3/16/11

A-99-09 Gonzalez v. Wilshire Credit Corp. (65,564)
Can plaintiff maintain a claim under the Consumer Fraud Act alleging fraud in the settlement of a mortgage foreclosure action?
Certification granted 6/21/10
Argued: 1/18/11
Decided: 8/29/11

A-98-09 State v. Kelvin McLean (65,716)
Did the testimony of the State’s witness impermissibly express an opinion on defendant’s guilt requiring a retrial?
Certification granted 6/21/10
Argued: 11/8/10
Decided: 3/31/11

A-97-09 Passaic Valley Sewerage Commissioners v. St. Paul Fire and Marine Insurance (65,793)
Did the insured suffer a monetary loss that was covered under this insurance policy as a result of its agreement to provide services and equipment to a claimant in settlement?
Certification granted 6/17/10
Argued: 1/31/11
Decided: 6/21/11

A-96-09 Blessing v. Johnson & Johnson (65,714)
Under the circumstances presented, was plaintiff’s products liability action alleging defective sutures timely filed by application of the discovery rule; and were defendants equitably estopped from asserting the statute of limitations?
Certification granted 6/3/10
Argued: 11/9/10
Dismissed as Moot 4/6/11

A-95-09 State v. William Acevedo (65,609)
Did the Appellate Division apply the appropriate standard of review in considering defendant’s challenge, by way of petition for post-conviction relief, to the trial court's determination to impose consecutive sentences?
Certification granted 5/19/10
Argued: 11/30/10
Decided: 2/1/11

A-94-09 State v. Dawshawn Miller (65,612)
Did the Appellate Division apply the appropriate standard of review in considering defendant’s challenge on direct appeal to the trial court's determination to impose consecutive sentences?
Certification granted 5/19/10
Argued: 11/30/10
Decided: 3/14/11

A-92/93-09 State v. Eileen Ciancaglini (65,408)
Under the circumstances presented, should defendant be sentenced as a third-time offender for driving under the influence pursuant to N.J.S.A. 39:4-50(a)?
Certification granted 5/7/10
Argued: 11/8/10
Decided: 1/19/11

A-91-09 David Johnson v. Molly Johnson (65,371)
Should the decision in Fawzy v. Fawzy, 199 N.J. 456 (2009), which allows for the arbitration of disputes relating to custody and parenting time under certain conditions, be applied retroactively?
Certification granted 5/7/10
Argued: 9/28/10
Decided: 12/10/10

A-89/90-09 State v. Timyan Cabbell (65,129)
Were defendants denied their constitutional right of confrontation when the trial court admitted into evidence the pre-trial statements of witnesses who refused to testify at trial?
Certification granted 5/7/10
Argued: 12/1/10 at the Gloucester County Courthouse
Decided: 7/26/11

A-88-09 Yousef v. General Dynamics Corp. (65,715)
Is New Jersey an appropriate forum to hear the claims of these New Jersey residents against a Florida resident and an American corporation for injuries sustained in a motor vehicle accident that occurred in South Africa?
Leave to appeal granted 5/7/10
Argued: 10/26/10
Decided: 4/11/11

A-87-09 Alexander v. Seton Hall University (65,320)
Did the employer’s act of payment constitute continuing discrimination for purposes of determining whether plaintiffs’ complaint alleging sex and age discrimination in pay was timely filed?
Certification granted 4/29/10
Argued: 9/13/10
Decided: 11/23/10

A-86-09 The Committee to Recall Robert Menendez v. Wells (65,803)
Was the New Jersey Secretary of State required to accept for filing and review a Notice of Intention to Recall United States Senator Robert Menendez under the Uniform Recall Election Law, N.J.S.A. 19:27A-1 to -19, or could the Secretary reject the filing on grounds of federal preemption?
Certification granted 4/27/10
Argued: 5/25/10
Decided: 11/18/10

A-85-09 G.D. v. Bernard Kenny and the Hudson County Democratic Organization Inc. (65,366)
May defendants, who were sued for libel for circulating political flyers referring to plaintiff's criminal history, assert truth as a defense where plaintiff's conviction had been expunged under N.J.S.A. 2C:52-1 to -32?
Certification granted 4/22/10
Argued: 9/14/10
Decided: 1/31/11

A-84-09 Taddei v. State Farm Indemnity Co. (65,535)
Where plaintiff’s uninsured motorist claim proceeds to verdict against the tortfeasor, is plaintiff barred on entire controversy grounds from filing a subsequent complaint against the insurer alleging bad faith in not settling plaintiff's claim?
Certification granted 4/22/10
Dismissed: 9/10/10 at the request of the Parties

A-83-09 Hopewell Valley Citizens’ Group v. Berwind Property Group Development Co. (65,505)
Should the time for filing an action challenging this site plan approval be extended for six days under the circumstances presented?
Certification granted 4/22/10
Argued: 10/26/10
Decided: 1/12/11

A-82-09 In the Matter of the Expungement Petition of D.H. (65,508)
If a public employee’s guilty plea to a disorderly persons offense includes an agreement to forfeit her position and be forever disqualified from public office, does the expungement of the conviction also eliminate the disqualification provision?
Certification granted 4/22/10
Argued: 9/14/10
Decided: 10/27/10

A-81-09 He v. Miller (65,337)
Did the trial court err in remitting the plaintiff’s jury verdict for pain and suffering?
Certification granted 3/24/10
Argued: 10/12/10
Decided: 5/12/11

A-80-09 State v. W.B. (65,373)
In this trial on charges of sexual assault, was it reversible error to admit the testimony of the State’s expert on Child Sexual Abuse Accommodation Syndrome that few children lie about sexual abuse; and the testimony of the victim’s boyfriend relating the victim’s allegations under the fresh complaint rule?
Certification granted 3/18/10
Argued: 10/13/10
Decided: 4/27/11

A-79-09 Division of Youth and Family Services v. P.W.R. (65,150)
Did the trial court err in finding that defendant abused and neglected her sixteen-year-old stepdaughter within the meaning of N.J.S.A. 9:6-8.21(c), by slapping her and taking her paycheck, among other things?
Certification granted 3/10/10
Argued: 10/13/10
Decided: 1/26/11

A-78-09 State v. Brian Carter (65,397)
Under what circumstances does an indigent defendant have a right to the assignment of counsel on appeal from a conviction of a non-indictable offense?
Leave to appeal granted 3/4/10
Summarily reversed and remanded to the Appellate Division: 5/18/10

A-77-09 State v. Michael Gore (65,115)
Was it plain error to admit into evidence, pursuant to the recorded recollection exception to the hearsay rule, N.J.R.E. 803(c)(5), a transcript of defendant’s unreviewed and unsigned confession?
Certification granted 3/4/10
Argued: 10/26/10
Decided: 3/22/11

A-76-09 Town of Kearny v. Discount City of Old Bridge, Inc. (65,070)
Where a municipality proposes to condemn only a tenant’s leasehold interest under the Local Redevelopment and Housing Law (LRHL), N.J.S.A. 40A:12A-1 to -73, does the tenant have a right to individual notice of the proposal?
Certification granted 3/4/10
Argued: 9/28/10
Decided: 3/17/11

A-75-09 In the Matter of the Provision of Basic Generation Service for the Period Beginning June 1, 2008 (65,275)
Was the decision of the New Jersey Board of Public Utilities, which approved the pass-through to utility ratepayers of a portion of the costs of solar renewable energy certificates, arbitrary and capricious or made in violation of the notice and hearing requirements of the Electric Discount and Energy Competition Act, N.J.S.A. 48:3-49 to -98.1, the Administrative Procedures Act, N.J.S.A. 52:14B-1 to -25, and procedural due process rights?
Certification granted 3/4/10
Argued: 10/12/10
Decided: 3/11/10

A-74-09 County of Hudson v. State of New Jersey, Department of Corrections (64,676)
Did the County’s amended complaint against the State seeking reimbursement for providing prison beds comply with the notice provisions of the Contractual Liability Act, N.J.S.A. 59:13-1 to -10?
Certification granted 3/4/10
Argued: 9/27/10
Decided: 6/7/11

A-73-09 State v. R.T. (65,327)
Where defendant’s trial strategy rested on the theory that he did not commit the assault but that the police cajoled him into stating that he was intoxicated, was defendant’s right to a fair trial prejudiced by the court charging the jury, over his objection, that intoxication could possibly negate an element of the crime?
Notice of appeal filed 12/29/09
Argued: 1/18/11
Decided: 4/28/11

A-72-09 State v. Damu Alston (65,298)
Did police officers fail to scrupulously honor an equivocal request for counsel thereby requiring the suppression of defendant’s subsequent confession?
Leave to appeal granted 2/11/10
Argued: 9/13/10
Decided: 1/19/11

A-71-09 In the Matter of D.C. & D.C., Minors (64,844)
In proceedings brought subsequent to the termination of parental rights, was the adult sibling of this minor child entitled to an evidentiary hearing to determine whether visitation was in the minor child’s best interest?
Certification granted 2/11/10
Argued: 4/26/10
Decided: 9/29/10

A-70-09 In re Petition for Referendum on City of Trenton Ordinance 09-02 (65,345)
Was the sale of a portion of the City of Trenton’s water system subject to mandatory public referendum under the Optional Municipal Charter Law (the Faulkner Act), N.J.S.A. 40:69A-1, et seq., or was the sale subject to the exception provisions of the Municipal Utilities Law, N.J.S.A. 40:62-3.1?
Certification granted 02/11/10
Argued: 3/22/10
Decided: 4/6/10

A-69-09 Lula M. Henry v. New Jersey Department of Human Services, et al. (64,673)
Was plaintiff’s complaint alleging racially discriminatory hiring practices and retaliation under the Law Against Discrimination time-barred by the two-year statute of limitations?
Certification granted 02/11/10
Argued: 9/28/10
Decided: 12/10/10

A-68-09 State v. Eduardo McLaughlin (64,884)
Were certain hearsay statements of a co-conspirator admissible under N.J.R.E. 803(c)(3), and did the trial court commit plain error in its jury instructions on accomplice liability?
Certification granted 1/22/10
Argued: 9/27/10
Decided: 3/3/11

A-67-09/A-17-10 State v. Daniel Twian Brown (64,807)
Were defendant’s custodial statements, made after he was unlawfully arrested, admissible?
Certification granted 1/22/10
Cross-petition granted 10/06/10
Re-posted: 10/08/10
Argued: 10/12/10
Decided: 1/25/11

A-66-09 State v. Michael Derry (64,877)
Was defendant denied a fair trial because the State failed to disclose the dismissal of a pending criminal charge against a key State witness and because of other trial errors?
Certification granted 1/22/10
Argued: 9/13/10
Dismissed as improvidently granted: 10/01/10

A-65-09 State v. Derrick Wayne Rose (64,945)
Where defendant was sentenced to a five-year sentence with a three-year period of parole ineligibility and a consecutive four-year flat sentence, were defendant’s jail credits properly allocated to the flat sentence?
Certification granted 1/21/10
Argued: 9/14/10
Decided: 6/8/11

A-64-09 State v. Andrea Hernandez a/k/a Andrea Rosario (64,946)
Was defendant properly awarded jail credit under the circumstances presented?
Certification granted 1/14/10
Argued: 9/14/10
Decided: 6/8/11

A-63-09 State v. Fernando Feliciano, Jr. (65,293)
May a defendant be detained without bail before trial and, if so, under what circumstances?
Leave to appeal granted 1/8/10
Order dismissing the appeal as moot - dated October 4, 2010

A-62-09 Estate of Nick Hanges v. Metropolitan Property & Casualty Ins. Co. (64,789)
Were the decedent’s statements concerning the cause of his automobile accident admissible under N.J.R.E. 804(b)(6)?
Certification granted 12/21/09
Argued: 3/22/10
Decided: 6/21/10

A-61-09 State v. Marcus McMullen (64,856)
Was defendant’s prison sentence permissible under State v. Natale, 184 N.J. 458 (2005), which prohibits a sentence above the presumptive statutory term based solely on judicial fact-finding, because the court found that defendant is a danger to the public and thus the presumption against imprisonment established by N.J.S.A. 2C:44-1(e) was overcome?
Certification granted 12/21/09
Motion to dismiss appeal granted 3/4/10

A-60-09 State v. Aurelio Ray Cagno (64,834)
May a co-conspirator’s refusal to testify over a grant of immunity and signal of “thumbs up” to defendant as he left the courtroom at defendant’s first trial be considered at the second trial as overt acts in furtherance of an ongoing racketeering conspiracy, N.J.S.A. 2C:41-2(d); and did the jury charge on termination of a conspiracy improperly shift the burden of proof to defendant to establish that he withdrew from the conspiracy prior to the five-year statute of limitations?
Certification granted 12/17/09
Argued: 9/27/10
Reargued: 10/24/11
Decided:

A-58/59-09 State in the Interest of A.S., a Juvenile (64,750)
When the parent of a juvenile suspected of committing a sexual offense also has a close family relationship with the victim, must an attorney be present during any interrogation of the juvenile?
Certification granted 12/16/09
Argued: 4/27/10
Decided: 7/29/10

A-57-09 TAC Associates v. New Jersey Department of Environmental Protection (64,570)
Is the Economic Development Authority’s regulation, N.J.A.C. 19:31-8.2, which provides that an applicant for an Innocent Party Grant must retain ownership of the real property until the application process is complete, authorized under the relevant provisions of the Hazardous Discharge Site Remediation Fund?
Certification granted 12/16/09
Argued: 4/27/10
Decided: 7/15/10

A-56-09 State v. Wendell Mann (64,475)
Did police have reasonable suspicion to stop defendant where they observed him in a restaurant parking lot talking with a known drug dealer, the encounter was consistent with the drug dealer’s past pattern of selling drugs from his car, and defendant reacted nervously and fled into the restaurant when the police arrived to execute a warrant to search the drug dealer’s vehicle?
Certification granted 12/11/09
Argued: 4/26/10
Decided: 8/4/10

A-55-09 State v. Laura Moran (64,708)
Is this statute, N.J.S.A. 39:5-31, which grants a judge discretion to revoke a driver’s license for a willful violation of any motor vehicle and traffic laws, unconstitutional because it provides insufficient notice to the public or because it is vague, overbroad, or capable of widely disparate application?
Certification granted 12/3/09
Argued: 4/27/10
Decided: 7/13/10

A-54-09 State v. Alice O’Donnell (64,525)
May police officers seize evidence observed in plain view during a warrantless entry into a residence to provide emergency aid even though there was a short delay between the emergency aid entry and the seizure of the evidence?
Certification granted 12/03/09
Argued: 4/26/10
Decided: 7/20/10

A-53-09 Myron Corp. v. Atlantic Mutual Ins. Corp. (64,450)
Is plaintiff entitled to counsel fees on a policy of insurance pursuant to Rule 4:42-9(a)(6) for prevailing in an out-of-state declaratory judgment action that is based on a related New Jersey action for which plaintiff was awarded counsel fees?
Certification granted 11/20/09
Argued: 3/8/10
Decided: 7/27/10

A-52-09 Hubner v. Spring Valley Equestrian Center (64,749)
Does the release executed by plaintiff preclude her from recovering under the Equestrian Activities Liability Act, N.J.S.A. 5:15-1 to -11?
Certification granted 11/20/09
Argued: 3/22/10
Decided: 7/28/10

A-51-09 Quinlan v. Curtiss-Wright Corp. (64,728)
Was plaintiff’s removal of confidential documents from her employer for use in advancing plaintiff’s gender-discrimination lawsuit against the employer protected activity under the Conscientious Employee Protection Act?
Certification granted 11/10/09
Argued: 3/9/10
Decided: 12/2/10

A-50-09 Ryan v. Renny (64,792)
What must a plaintiff demonstrate to obtain a “good faith effort” waiver of the specialty requirement of the Affidavit of Merit Statute, N.J.S.A. 2A:53A-41?
Certification granted 11/10/09
Argued: 3/9/10
Decided: 7/22/10

A-49-09 Klumpp v. Borough of Avalon (64,722)
May a municipality occupy a property and obtain title through inverse condemnation without initiating condemnation proceedings under the Eminent Domain Act, N.J.S.A. 20:3-1 to -50?
Certification granted 11/10/09
Argued: 3/22/10
Decided: 6/22/10

A-45/46/47/48-09 GF Princeton, LLC v. Ewing Township Planning Board (64,655)
Is the defendant township’s subdivision and site plan approval invalid because the applicants did not provide notice of the applications to this long-term lessee of a portion of the property?
Certification granted 11/10/09
Improvidently granted 3/24/10

A-44-09 New Jersey Lawyers’ Fund for Client Protection v. Stewart Title Guaranty Co. (64,755)
May a title insurance company be held liable for a closing attorney’s theft of his clients’ funds under the circumstances presented?
Certification granted 11/04/09
Argued: 3/8/10
Decided: 8/2/10

A-43-09 Stelluti v. Casapenn Enterprises (64,704)
Did the waiver executed by plaintiff as a condition to using defendant’s gym insulate defendant and its employees from liability for negligence?
Certification granted 11/4/09
Argued: 3/9/10
Decided: 8/5/10

A-42-09 Kalogeras v. 239 Broad Avenue, LLC (63,870)
Was plaintiff entitled to specific performance of a contract for the sale of a business that included a liquor license where the transfer of such a license is subject to regulatory approval?
Certification granted 11/4/09
Argued: 2/22/10
Decided: 6/16/10

A-41-09 Paragon Contractors v. Peachtree Condominium (64,325)
Did the failure to schedule a case management conference under Ferreira v. Rancocas Orthopedic, 128 N.J. 144 (2001), toll the time for plaintiff’s compliance with the Affidavit of Merit statute?
Leave to appeal granted 11/4/09
Argued: 2/22/10
Decided: 6/28/10

A-40-09 State v. Shem Walker (64,287)
Did the trial court’s failure to instruct the jury regarding the statutory affirmative defense to felony murder constitute plain error that required a reversal of defendant’s conviction?
Certification granted 10/28/09
Argued: 3/9/10
Decided: 7/28/10

A-39-09 In the matter of the Tenure Hearing of Gilbert Young (64,535)
Could the school district remove this tenured teacher from his position under N.J.S.A. 18A:6-7a after the Department of Children and Families determined that a complaint of child abuse/neglect against the teacher was unfounded?
Certification granted 10/28/09
Argued: 2/23/10
Decided: 5/12/10

A-38-09 Lee v. Carter-Reed Co. (64,808)
Did the trial court properly deny class certification in this case alleging false advertising by the use of mass media?
Leave to Appeal granted 10/23/09
Argued: 4/27/10
Decided: 9/30/10

A-37-09 State v. Brian Yohnnson (64,342)
Were defendant’s incriminating statements admissible under the circumstances, which included custodial interrogation for an extended period before Miranda warnings were administered?
Certification granted 10/23/09
Argued: 2/22/10
Decided: 10/26/10

A-36-09 State v. Jeremiah Hupka (64,462)
Was the defendant, who forfeited his public offices as a police officer and sheriff’s officer as part of a negotiated plea to criminal sexual contact, also barred from any future public employment under N.J.S.A. 2C:51-2(d)?
Appeal as of right
Argued: 3/8/10
Decided: 8/3/10

A-35-09 State v. German Marquez (64,524)
Could defendant be convicted of refusal to take a breathalyzer test if the notice informing him of the consequences of such a refusal was read to him in English and defendant does not speak or understand English?
Certification granted 10/14/09
Argued: 2/2/10
Decided: 7/12/10

A-34-09 State v. Eugene Basil (64,224)
Did the police have probable cause to arrest defendant based on the statement of this unknown informant regarding the location of a weapon; and was the witness’s statement identifying defendant admissible?
Certification granted 10/14/09
Argued: 2/23/10
Decided: 7/20/10

A-33-09 In the Matter of the Civil Commitment of W.X.C. (64,501)
Was W.X.C.’s civil commitment permissible when he had not been afforded sex offender treatment while in custody?
Certification granted 10/14/09
Argued: 4/26/10
Decided: 11/9/10

A-32-09 State v. Graciano Martinez Rosales (64,469)
Did the trial court misapply N.J.R.E. 702 by precluding expert testimony in support of defendant’s claim that his confession was involuntary?
Certification granted 10/14/09
Argued: 2/2/10
Decided: 7/19/10

A-31-09 Guido v. Duane Morris, LLP (64,642)
In this legal malpractice action, was the defendant attorney entitled to summary judgment based on the client’s prior agreements to settle the underlying litigation?
Leave to appeal granted 10/8/09
Argued: 1/20/10
Decided: 6/3/10
Corrected Opinion Issued: 6/8/10

A-30-09 State v. Donald Kayhart (63,661)
Was defendant’s trial counsel ineffective for failing to request a competency hearing in light of the evidence of defendant’s mental condition?
Leave to appeal granted 10/8/09
Order dismissing appeal issued 1/12/10

A-29-09 State v. Frank Dellisanti (64,706)
Is the violation of a defendant’s constitutional right to be present at all stages of trial subject to review under the harmless error standard, or does defendant’s nonconsensual absence from the courtroom require automatic reversal and a new trial?
Appeal as of right
Argued: 1/20/10
Decided: 9/20/10

A-28-09 Crespo v. Crespo (64,519)
Does the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -33, improperly convert criminal matters into civil proceedings, and is the Act unconstitutional because it requires a “preponderance of the evidence” rather than a “clear and convincing evidence” standard of proof?
Leave to appeal granted 10/8/09
Argued: 1/6/10
Decided: 2/18/10

A-27-09 State v. John Wessells (64,599)
Once an accused has invoked his right to counsel, may law enforcement authorities initiate further interrogation after there has been a “break in custody”?
Leave to appeal granted 9/24/09
Argued: 1/6/10
Reargued: 11/29/11
Decided: 2/29/12

A-26-09 1717 Realty Associates, LLC v. Borough of Fair Lawn (64,313)
A-25-09 Davanne Realty v. Edison Township (64,495)
Does application of the appeal-preclusion provision contained in N.J.S.A. 54:4-34, which bars owners of income-producing property from contesting a tax assessment if they fail to respond within forty-five days of an assessor’s request for information, result in the imposition of excessive fines in violation of the United States and New Jersey Constitutions?
Certifications granted 9/24/09
Argued: 2/1/10
Decided: 3/17/10

A-24-09 State v. Duane Kelly (64,228)
Where the jury in the first trial found defendant guilty of being an accomplice but acquitted him of possessing the murder weapon, is defendant’s second prosecution for being the principle shooter barred by application of the doctrine of issue preclusion under the double Jeopardy Clause of the United States and New Jersey Constitutions?
Certification granted 9/28/09
Argued: 1/20/10
Decided: 5/4/10

A-23-09 City of Atlantic City v. Trupos (64,799)
Is this law firm that represents numerous Atlantic City taxpayers in their tax appeals disqualified because the firm previously represented Atlantic City in defending other tax appeals?
Leave to appeal granted 9/11/09
Argued: 1/6/10
Decided: 4/26/10

A-22-09 State v. T.M. (64,396)
Is the defendant, the live-in boyfriend of the child-victim’s mother, a “person legally charged with the care and custody” of the child and therefore guilty of first-degree endangering in violation of N.J.S.A. 2C:24-4b(3)?
Certification granted 9/11/09
Argued:
Decided:

A-21-09 State v. P.S. (64,345)
Did the trial court err in ruling that if defendant presented evidence of prior sexual experience by the child-victim, then the State could introduce evidence of defendant’s other crimes?
Certification granted 9/11/09
Argued: 2/1/10
Decided: 6/7/10

A-20-09 State v. Johnnie Davila (64,177)
Where police were investigating a double murder and evidence linked the crimes to a particular apartment, was the officers’ warrantless protective sweep of the apartment permissible under the Fourth Amendment?
Certification granted 9/11/09
Argued: 2/2/10
Decided: 7/14/10

A-19-09 Marcinczyk v. State of New Jersey Police Training Commission (64,251)
Was plaintiff’s claim for damages against the public entity barred by an exculpatory agreement that he signed as a condition of admission to the Police Academy?
Certification granted 9/11/09
Argued: 1/20/10
Decided: 10/18/10

A-18-09 State v. Karlton L. Blackmon (64,073)
Did the sentencing court abuse its discretion by denying the request of defendant’s father to speak when members of the victim’s family were permitted to speak?
Certification granted 9/11/09
Argued: 2/1/10
Decided: 6/9/10

A-17-09 Linden Board of Education v. Linden Education Association (64,295)
Under the circumstances presented, did the arbitrator exceed his authority by determining that, although there was “just cause” to discipline this employee, it was inappropriate for the board to terminate him?
Appeal as of right
Argued: 1/5/10
Decided: 6/8/10

A-16-09 Stengart v. Loving Care Agency, Inc. (64,556)
Under the circumstances presented, does the attorney-client privilege protect this employee’s emails with her attorney sent through her personal, Internet-based email account while using her employer-issued computer?
Leave to appeal granted 7/29/09
Argued: 12/2/09
Decided: 3/30/10

A-15-09 Dean v. Barrett Homes, Inc. (64,188)
Is a home an integrated “product,” such that the physical damage that a defective component causes to other parts of the home is damage to “the product itself” that is non-recoverable under the Products Liability Act (PLA), N.J.S.A. 2A:58C-1 to -11, and under the “economic loss” doctrine?
Certification granted 7/15/09
Argued: 1/5/10
Decided: 11/15/10

A-13/14-09 Nini v. Mercer County Community College (64,176)
Does the exclusion in the Law Against Discrimination, which states that it does not “bar an employer from refusing to accept for employment or to promote any person over 70 years of age,” N.J.S.A. 10:5-12, apply to the non-renewal of an existing employee’s contract?
Certification granted 7/15/09
Argued: 11/10/09
Decided: 6/1/10

A-12-09 State v. William T. Dolan (64,428) and
A-11-09 State v. Richard Clarke (64,425)
In light of the procedures governing the administration of the Drug Court Program, and the “abuse of discretion” standard for reviewing a prosecutorial objection to Drug Court admission, was it appropriate to order plenary hearings to determine defendants’ eligibility for Drug Court?
Leave to appeal granted 7/20/09
Argued: 2/23/10
Decided: 7/21/10

A-9-09 City of Long Branch v. Liu (64,361)
In this eminent domain case, are the property owners entitled to compensation for the taking of the additional land that had been created by a beach replenishment project undertaken by the U.S. Army Corps of Engineers, and for the furniture, fixtures, and equipment on the property?
Certification granted 7/20/09
Argued: 12/2/09
Decided: 9/21/10

A-8-09 Asbury Park Press v. County of Monmouth (64,048)
Does the exclusion to the Open Public Records Act for information generated in connection with any sexual harassment complaint that is filed with a public employer, N.J.S.A. 47:1A-1.1, apply to this public entity’s agreement with an employee to settle her sexual harassment lawsuit?
Certification granted 7/20/09
Argued: 11/10/09
Decided: 1/25/10

A-7-09 State v. Tysen R. Privott (64,019)
Under the circumstances presented, was it reasonable for the police to stop and frisk defendant and to lift his shirt to see his waistband based on an anonymous tip about a person carrying a weapon?
Certification granted 7/20/09
Argued: 12/1/09
Decided: 6/29/10

A-6-09 State in the Interest of C.V. (64,307)
In light of State in re S.T., 273 N.J. Super. 436 (App. Div. 1994), N.J.S.A. 2A:4A-38l, and Administrative Office of the Courts Directive #8-04, was this juvenile entitled to receive credit toward her sentence for the time she spent in a secure residential treatment facility?
Certification granted 7/20/09
Argued: 1/5/10
Decided: 3/22/10

A-5-09 State v. Pablo Carvajal (64,051)
Did the defendant abandon his luggage and thereby forfeit the right to object to its warrantless search by denying that he had any luggage when questioned by police?
Certification granted 7/20/09
Argued: 12/1/09
Decided: 6/2/10

A-4-09 Flomerfelt v. Cardiello (64,369)
Does a homeowner’s insurance policy exclusion for injuries arising out of illegal drug use apply to preclude coverage under the circumstances presented?
Leave to appeal granted 7/10/09
Argued: 11/9/09
Decided: 7/7/10

A-3-09 State v. Jason V. Broom-Smith (64,181)
Did the Superior Court’s order issued pursuant to N.J.S.A. 2B:12-6 and Rule 1:12-3(a), which designated each municipal court judge in the county as an acting municipal court judge in every municipality within the county, authorize this municipal court judge to issue a warrant to search defendant’s home in another municipality?
Certification granted 7/10/09
Argued: 1/6/10
Decided: 3/9/10

A-2-09 Victor v. State of New Jersey (63,285)
To establish a failure-to-accommodate disability discrimination claim under the Law Against Discrimination, N.J.S.A. 10:5-1 to -49, must a plaintiff prove that he suffered an adverse employment action as a result of the employer’s failure to accommodate?
Certification granted 6/19/09
Argued: 10/27/09
Decided: 09/13/10

A-102-08 State v. Paula K. Mastro (64,058)
Under the circumstances presented, was the imposition of a five-year term of imprisonment for joyriding and a consecutive 180-day term for violating probation excessive?
Certification granted 5/21/09
Remanded to the Appellate Division. Jurisdiction not retained 3/5/10

A-101-08 State v. Fareed M. Gandhi (64,011)
Does the purpose and knowledge element of the crime of stalking apply both to a defendant’s conduct and to the result of his conduct, requiring that he had as a conscious object or was aware that his conduct would cause a reasonable person to be in fear; and was the jury charge adequate?
Certification granted 5/21/09
Argued: 10/26/09
Decided: 2/23/10

A-100-08 Iron Mountain Information Management, Inc. v. City of Newark (64,032)
When property is targeted for redevelopment pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 to -49, is a commercial tenant with an option to purchase and right of first refusal in its lease agreement entitled to the same notice as the property owner?
Certification granted 5/21/09
Argued: 12/1/09
Decided: 5/19/10

A-99-08 State v. Cory Bieniek (63,940)
Did the Appellate Division err in remanding the matter to the trial court for reconsideration of defendant’s sentence to afford defense counsel the opportunity to argue that defendant’s sentence should be reduced?
Certification granted 5/21/09
Argued: 11/9/09
Decided: 1/21/10

A-98-08 State v. Danny Mai (63,862)
Under the circumstances presented, was it reasonable for police to open the door of the parked motor vehicle and ask the defendant-passenger to step out of the vehicle?
Certification granted 5/8/09
Argued: 10/13/09
Decided: 5/6/10

A-96/97-08 New Jersey Division of Youth & Family Services v. M.C. III (63,710)
Was this medical form, which was prepared by an emergency room doctor, admissible as a DYFS business record?
Certification granted 5/7/09
Argued: 10/13/09
Decided: 3/31/10

A-95-08 Lucent Technologies, Inc. v. Township of Berkeley Heights (63,895)
Does Rule 8:7(e) permit the Tax court to place limits on the time period within which a municipality may seek dismissal of a tax appeal based on a taxpayer’s false or fraudulent responses to an assessor’s requests for information under N.J.S.A. 54:4-34?
Leave to appeal granted 4/23/09
Argued: 10/14/09
Decided: 3/17/10

A-94-08 Pinto v. Spectrum Chemicals (63,813)
Is the decision of Coleman v. Fiore Brothers, Inc., 113 N.J. 594 (1989), which bars defendants from insisting on waiver or settlement of statutory fees in Consumer Fraud Act claims in which plaintiffs are represented by public-interest law firms, applicable to other fee-shifting statutes?
Leave to appeal granted 4/2/09
Argued: 10/13/09
Decided: 1/21/10

A-93-08 Kay v. Kay (63,836)
When a decedent spouse dies during the pendency of an action for divorce, can the decedent’s estate assert equitable claims sounding in constructive trust or unjust enrichment against the marital estate?
Certification granted 4/2/09
Argued: 10/13/09
Decided: 1/6/10

A-90-08 Reyes v. Egner (63,711)
Does a realtor marketing a short-term rental property have a duty to a tenant to conduct a reasonable inspection of the property for patent defects?
Certification granted 4/2/09
Argued: 10/27/09
Decided: 4/8/10

A-88-08 State v. Terence McCabe (63,785)
Was this municipal judge required to recuse himself in this DWI matter because he and defendant’s counsel represented adverse parties in an unrelated matter in the Superior Court, Chancery Division?
Leave to appeal granted 3/19/09
Argued: 10/26/09
Decided: 1/25/10

A-85-08 State in the Interest of J.S. (63,663)
Can DYFS be required to provide sex offender treatment to an individual who is over twenty-one years of age at the time he is adjudicated delinquent?
Certification granted 1/29/09
Argued: 2/22/10
Decided: 7/8/10

A-83-08 In Re Election Law Enforcement Commission Advisory Opinion No. 01-2008 (63,636)
May a former state senator use political campaign contributions to pay legal expenses incurred in defending himself against federal criminal charges?
Certification granted 3/10/09
Argued: 11/9/09
Decided: 3/8/10

A-81-08 Besler v. Board of Education of West Windsor-Plainsboro Regional School District (63,259)
Were plaintiff’s First Amendment rights violated because a school board member denied him the right to speak at a board meeting, and can the Board be held liable for the member’s actions?
Certification granted 2/18/09
Argued: 9/29/09
Decided: 5/17/10

A-78/79-08 Salzano v. North Jersey Media Group, Inc.(63,529)
Did the fair reporting privilege, which protects the press from lawsuits alleging defamation, apply to published articles reporting on allegations contained in a bankruptcy complaint; if not, what standard is used to determine liability where the individual discussed in the articles was a private person but was embroiled in a public matter?
Certification granted 2/11/09
Argued: 10/14/09
Decided: 5/11/10

A-77-08 State v. Thomas E. Best (63,534)
Is reasonable suspicion of drug distribution by a student sufficient to justify the search of the student’s vehicle located on school property?
Certification granted 2/4/09
Argued: 9/14/09
Decided: 2/3/10

A-75/76-08 Association of New Jersey Rifle Clubs v. City of Jersey City (63,385)
Does Jersey City’s gun control ordinance, which prohibits the sale or purchase of more than one handgun within a thirty-day period, violate the State Constitution; and is the ordinance preempted by the State Code of Criminal Justice?
Certification granted 2/4/09
Argued: 4/27/09
Decided: Appeal dismissed as moot by Order 1/4/10

A-74-08 State of New Jersey Division of Youth and Family Services v. I.S. (63,471)
Under the circumstances presented, did DYFS establish the grounds for terminating the biological father’s parental rights under N.J.S.A. 30:4C-15.1(a)?
Certification granted 2/4/09
Argued: 9/30/09
Reargued: 4/26/10
Decided: 6/1/10

A-72-08 Roa v. LAFE (63,029)
Did the defendant employer’s actions subsequent to the termination of plaintiff’s employment constitute a continuing violation for determining whether plaintiff’s Law Against Discrimination claim was timely filed?
Certification granted 1/30/09
Argued: 9/14/09
Decided: 1/14/10

A-70/71-08 Robertet Flavors, Inc. v. Tami-Githens, Inc. (63,142)
Was it appropriate to bar plaintiff from presenting any expert testimony because of plaintiff’s spoliation of evidence (replacement of allegedly defective windows)?
Certification granted 1/26/09
Argued: 9/15/09
Decided: 8/3/10

A-69-08 State v. Cecilia X. Chen (63,177)
Where the victim identified the defendant in a photographic array, was defendant entitled to a pretrial hearing challenging the identification because of the victim’s prior individual efforts to confirm the identity of her attacker?
Certification granted 1/22/09
Argued: 9/29/09
Decided: 8/24/11

A-68-08 State of New Jersey Division of Youth and Family Services v. L.L. (63,406)
Which party bears the burden of proof when a biological parent moves to vacate an order of kinship legal guardianship under N.J.S.A. 3B:12A-6(f)?
Certification granted 1/22/09
Argued: 9/30/09
Decided: 2/24/10

A-44-08 State v. J.G. (63,232)
Did the cleric-penitent privilege established under N.J.R.E. 511, apply to preclude the pastor’s testimony in these circumstances?
Leave to appeal granted 10/20/08
Argued: 9/30/09
Decided: 4/7/10

A-29-08 Nicastro v. McIntyre Machinery America, Ltd. (62,668)
Does New Jersey have jurisdiction over this manufacturer which is located in England and which sold the allegedly defective machinery to an independent distributor in Ohio before the distributor sold it to a New Jersey company?
Certification granted 7/15/08
Argued: 1/21/09
Decided: 2/2/10

A-14-08 Petition for Review of the Letter Decision of the Committee on Attorney Advertising, Docket No. 47 2007 (62,134)
Can a mediation center that employs attorneys who also perform legal services use the name “Alpha Center for Divorce Mediation” followed by the name of the attorney who is the managing partner consistent with RPC 7.1 and RPC 7.5 of the Rules of Professional Conduct?
Petition for review granted 5/29/08
Argued: 12/2/08
Remanded by Order: 2/26/09
Scheduling Order entered: 7/23/10
Re-Argued: 1/4/11
Decided:

A-8-08 State v. Larry R. Henderson (62,218)
Should the test for reliability of eyewitness identifications applied in Manson v. Brathwaite, 432 U.S. 98 (1977), as followed by State v. Madison, 109 N.J. 223 (1988), be modified in light of recent scientific and other evidence?
Certification granted 5/16/08
Argued: 1/20/09
Disposition by Order: 2/26/09 - Jurisdiction Retained
Re-Argued: 3/28/11
Decided: 8/24/11

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