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APPEALS ADDED IN THE NEW JERSEY SUPREME COURT

LISTED NEWEST TO OLDEST

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:
Decided:

A-43-08 Burnett v. County of Bergen (63,258)
Do individuals have a constitutional right to privacy that requires the redaction of their social security numbers from realty transfer documents that are produced electronically under the Open Public Records Act, N.J.S.A. 47:1A-1 to -13?
Certification granted 10/17/08
Argued: 11/17/08
Decided:

A-42-08 Hirl v. Bank of America, N.A. (63,091)
Does the New Jersey Electronic Funds Transfer Privacy Act, N.J.S.A. 17:16K-1 to -6, apply to prohibit the disclosure of information about any account with electronic funds capability regardless of whether there has been an actual electronic funds transfer?
Certification granted 10/8/08
Argued:
Decided:

A-41-08 In re Petition of Adamar of New Jersey, Inc. (62,936)
Should the Casino Control Commission’s denial of the application of Tropicana Casino and Resort, Inc., for the renewal of a casino license, be affirmed?
Certification granted 10/8/08
Argued: 11/17/08
Decided: 11/25/08

A-40-08 McDarby v. Merck & Co., Inc. (62,856)
Does the Federal Food, Drug and Cosmetic Act, 21 U.S.C.A. §§ 301-397, preempt state law tort claims alleging inadequate warnings in Vioxx labeling that was approved by the Food and Drug Administration?
Certification granted 10/3/08
Argued:
Decided:

A-38/39-08 Fawzy v. Fawzy (62,852)
Can parents resolve custody and parenting time disputes using arbitration?
Certification granted 10/3/08
Argued:
Decided:

A-37-08 In re Appeal by Earle Asphalt Co. (62,955)
Did the political contribution of this Company’s president disqualify the Company from bidding on a State construction project under N.J.S.A. 19:44A-20.14; or did the president’s request for a refund of the contribution entitle the Company to exemption under the safe-harbor provision of N.J.S.A. 19:44A-20.20?
Certification granted 9/23/08
Argued: 11/5/08
Decided:

A-36-08 Penn National Insurance Co. v. Costa (62,735)
In this premises liability suit, should coverage be provided by the automobile insurance policy or the homeowner’s policy where the third party was injured when he slipped on ice and struck his head on the car jack as he was approaching to help the owner change a flat tire?
Certification granted 9/9/08
Argued:
Decided:

A-35-08 DiMisa v. Acquaviva (62,792)
Are plaintiffs entitled to an award of counsel fees on the ground that the award is against a separate and distinct third party; and did the Appellate Division err in remanding issues that were not raised by appellants?
Certification granted 9/15/08
Argued:
Decided:

A-34-08 State v. Lavar Winder (62,697)
Was the trial court required to distinguish between legal and moral wrong in its jury instruction on defendant’s insanity defense, as suggested in State v. Worlock, 117 N.J. 596 (1990)?
Certification granted 9/5/08
Argued:
Decided:

A-33-08 State v. Quinn Marshall (62,289)
Was this search warrant invalid because it did not identify which one of two apartments was to be searched, but authorized the police to search, without further judicial review, the one that they later determined was being used by a suspect for selling illegal drugs?
Certification granted 9/5/08
Argued:
Decided:

A-30/31/32-08 In re Opinion 39 of the Committee on Attorney Advertising (60,003)
Are advertisements that publicize a New Jersey lawyer as among the “Best Lawyers in America” prohibited by RPC 7.1(a) of the Rules of Professional Conduct?
Master’s report filed 6/18/08
Submitted: 12/5/08
Decided: 12/17/08

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:
Decided:

A-28-08 State v. Terry Coder (61,526)
Did the trial court abuse its discretion in admitting the out-of-court statements of the child victim of sexual abuse under N.J.R.E. 803(c)(27)?
Certification granted 7/8/08
Argued:
Decided:

A-27-08 State v. Steven Fortin (62,875)
Can defendant be sentenced to life without parole under the recent amendments to N.J.S.A. 2C:11-3, which amendments also eliminated the death penalty, if the maximum parole ineligibility period for a life sentence at the time of defendant’s crime was 30-years?
Leave to appeal granted 7/15/08
Argued:
Decided:

A-26-08 Real v. Radir Wheels, Inc. (61,588)
Does the Consumer Fraud Act, N.J.S.A. 56:8-1 to -166, apply to an individual defendant’s sale by auction of a used vehicle on an Internet website?
Certification granted 7/15/08
Argued:
Decided:

A-25-08 Circus Liquors, Inc. v. Township of Middletown (62,408)
Must a liquor license held in violation of the two-license limit of N.J.S.A. 33:1-12.31 be forfeited, or does the Director of the Division of Alcoholic Beverage and Control have authority to permit the license to be retained until transferred?
Certification granted 7/3/08
Argued:
Decided:

A-24-08 Mt. Holly Township Board of Education v. Mt. Holly Township Education Association (62,703)
Can a school board avoid binding arbitration on an employee’s grievance as provided in a collective bargaining agreement based on conflicting provisions in the employee’s individual contract?
Certification granted 7/23/08
Argued:
Decided:

A-23-08 Jen Electric, Inc. v. County of Essex (62,930)
Does a subcontractor have standing to challenge bid specifications under N.J.S.A. 40A:11-13 of the Local Public Contracts Law?
Certification granted 7/11/08
Argued: 9/23/08
Decided:

A-21/22-08 Leang v. Jersey City Board of Education (62,622)
Were defendants entitled to qualified immunity for their conduct in restraining and transporting plaintiff to a hospital for evaluation?
Certification granted 6/26/06
Argued:
Decided:

A-20-08 Amalgamated Transit Union Local 880 v. New Jersey Transit Bus Operation, Inc. (62,481)
Should the courts confirm this arbitration decision dismissing the union’s grievance on the ground that the parties’ collective bargaining agreement did not authorize a probationary employee to use the grievance process?
Certification granted 6/26/08
Argued:
Decided:

A-19-08 Piermont Iron Works, Inc. v. Evanston Insurance Co. (62,178)
Was this defendant, a surplus lines insurance carrier, required to provide notice of non-renewal to the insured?
Certification granted 6/26/08
Argued: 11/17/08
Decided:

A-18-08 Marino v. Marino (62,410)
Was the plaintiff spouse entitled to have the decedent’s body disinterred and moved under the relevant provisions of the New Jersey Cemetery Act, N.J.S.A. 45:27-22 and -23?
Appeal perfected 6/20/08
Argued:
Decided:

A-17-08 State v. Forrest M. Baker (62,586)
Should the indictment against defendant be dismissed because of the State’s failure to comply with the Interstate Agreement on Detainers, N.J.S.A. 2A:159A-1 to -15; and was it reversible error for the trial court to admit into evidence defendant’s involvement in another crime?
Certification granted 6/12/08
Argued:
Decided:

A-16-08 Bauer v. Nesbitt (62,552)
Can the defendant restaurant be liable for the death of a passenger in a motor vehicle accident caused by the intoxication of the nineteen-year-old driver if the evidence showed that the restaurant served only the visibly-intoxicated passenger but not the underage driver?
Certification granted 6/12/08
Argued: 12/2/08
Decided:

A-15-08 Hemsey v. Board of Trustees, Police & Firemen’s Retirement System (61,372)
Did petitioner’s post-retirement position with the municipality include supervisory and administrative authority over police and fire personnel and thereby violate the prohibition against double dipping of N.J.S.A. 43:16A-15.3, and was petitioner required to repay retirement benefits received during the time he held the position?
Certification granted 6/6/08
Argued: 11/17/08
Decided:

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
Decided:

A-13-08 State v. Martin R. Taccetta (62,490)
Was defendant’s trial counsel ineffective in providing advice on the State’s plea offer and is defendant entitled to a new trial because of counsel’s ineffectiveness, notwithstanding the jury’s guilty verdict?
Leave to appeal granted 5/16/08
Argued:
Decided:

A-12-08 State v. Terrence Echols (62,445)
Were defendant’s trial and appellate counsel ineffective for failing to argue that defendant was entitled to an alibi instruction?
Certification granted 5/16/08
Argued:
12/3/08
Decided:

A-10/11-08 Litton Industries, Inc. v. IMO Industries, Inc. (62,409)
Was the trial court’s award to plaintiff of counsel fees, expert fees and costs under the terms of the parties’ contract excessive given the limited relief obtained by plaintiff?
Certification granted 5/16/08
Argued: 12/2/08
Decided:

A-9-08 Pagano Company v. 48 South Franklin Turnpike LLC (62,495)
Did the purchaser of this commercial property assume liability for commissions due to a real estate broker by assumption of the rights and liabilities of the seller under the leases?
Certification granted 5/16/08
Argued:
12/3/08
Decided:

A-8-08 State v. Larry R. Henderson (62,218)
Did the participation of the investigating officer in this eyewitness’s identification of defendant in a photographic array require a presumption that the identification was impermissibly suggestive?
Certification granted 5/16/08
Argued:

Decided:

A-7-08 State v. Anthony Bogan (62,354)
Was the police entry into this apartment in response to a report of sexual molestation of a minor permissible under the exigent circumstances exception to the warrant requirement?
Certification granted 5/16/08
Argued:

Decided:

A-6-08 DYFS v. G.M. (62,300)
Did the trial court err in allowing DYFS to terminate abuse and neglect proceedings after the proceedings led to a change in residential custody of the children from that established by the parents’ divorce decree?
Certification granted 5/16/08
Argued:
Decided:

A-5-08 State v. Alonzo B. Hill (61,831)
Did the trial court’s determination to give a Clawans  charge adverse to defendant (instructing the jury that it may draw an inference that a missing witness – defendant’s nephew - would have given evidence unfavorable to defendant who could have produced the witness) constitute plain error?
Certification granted 5/16/08
Argued:
Decided:

A-4-08 Shore Orthopaedic Group v. The Equitable Life Assurance Society (62,302)
Was this insurance coverage a first-party or a third-party policy for the purpose of considering an award of counsel fees under Rule 4:42-9(a)(6)?
Certification granted 5/20/08
Argued:
Decided:

A-3-08 State v. Diego Vallejo (62,307)
Was the trial court’s jury instruction regarding the use of evidence of defendant’s prior bad acts so inadequate as to constitute plain error?
Certification granted 5/6/08
Argued:
Decided:

A-2-08 McKesson Corp. v. Hackensack Medical Imaging (62,351)
Did the Texas courts have personal jurisdiction over this New Jersey defendant and are New Jersey courts required to enforce the Texas judgment?
Certification granted 5/6/08
Argued: 12/2/08
Decided:

A-1-08 Agha v. Feiner (62,172)
Was plaintiff’s suit for injuries suffered in an auto accident subject to involuntary dismissal pursuant to Rule 4:37-2(b) for failure to satisfy the verbal threshold?
Certification granted 5/9/08
Argued: 12/2/08
Decided:

A-117-07 State v. Saleem Allen (62,482)
Should defendant have been allowed to withdraw his guilty plea prior to sentencing on the ground that it was not voluntary?
Certification granted 5/16/08
Argued: 10/7/08
Decided:

A-116-07 DEG, LLC v. Township of Fairfield (62,371)
Can the Township’s governing body vacate a judgment memorializing its settlement of a case that challenged the constitutionality of a statute and under which settlement the Township was enjoined from enforcing the statute?
Certification granted 4/21/08
Argued: 11/5/08
Decided:

A-115-07 State v. Paul Kuchera, Sr. (62,395)
Does State v. Artwell, 171 N.J. 526 (2003), which precludes defense witnesses from appearing in court in physical restraints, also apply to witnesses for the prosecution?
Certification granted 4/11/08
Argued: 11/3/08
Decided:

A-114-07 Czar, Inc. v. Heath (62,362)
Does this contractor’s work fall within the “new residence” exception to the Consumer Fraud Act?
Leave to appeal granted 4/3/08
Argued: 10/20/08
Decided:

A-113-07 Township of West Orange v. 769 Associates (62,201)
When a condemning authority abandons its condemnation action, is the property owner required to demonstrate a causal link between its legal efforts and the authority’s decision to abandon before the owner can recover counsel fees under N.J.S.A. 20:3-26(b)?
Certification granted 4/3/08
Argued: 10/21/08
Decided:

A-112-07 Hardy v. Abdul-Martin (62,228)
Is a passenger in a stolen vehicle subject to this exclusion from insurance coverage for persons injured while occupying “an automobile without permission of the owner” if the passenger was unaware that the vehicle was stolen?
Certification granted 4/3/08
Argued: 11/5/08
Decided:

A-111-07 Ronald Jones v. N.J. State Parole Board (62,097)
Was the Parole Board’s determination to deny plaintiff parole arbitrary and capricious?
Appeal as of right
Argued:
Decided:

A-110-07 Bardis v. First Trenton Insurance Co. (62,157)
In this action seeking underinsured motorist benefits, was plaintiff entitled to have the jury informed that the defendant was his auto insurance carrier?
Certification granted 3/27/08
Argued: 11/17/08
Decided:

A-109-07 McKnight v. Office of the Public Defender (62,192)
When does a cause of action accrue for legal malpractice in a criminal action?
Certification granted 4/8/08
Argued: 10/21/08
Decided:
11/26/08

A-108-07 State v. J.J. (62,132)
Is defendant entitled to withdraw his guilty plea to the charge of child endangerment because he was not informed that the community supervision provision of his plea would prevent him from living with his new wife and her child?
Certification granted 3/27/08
Argued:
Decided:

A-107-07 State v. A.O. (62,096)
Was defendant’s stipulation as to the admissibility at trial of polygraph test results invalid because executed without benefit of counsel?
Certification granted 3/27/08
Argued: 11/3/08
Decided:

A-106-07 Baboghlian v. Swift Electrical Supply Co. (61,311)
Did the owner of the property have a nondelegable duty to ensure that its fire alarm system complied with applicable fire codes even if the owner had no obligation to install the alarm system and the owner contracted with a licensed electrician to install and test the system?
Certification granted 3/27/08
Argued: 10/20/08
Decided:

A-105-07 State v. Dionte Byrd (61,251)
Should New Jersey adopt the forfeiture-by-wrongdoing doctrine, which permits the State to use out-of-court statements of a witness who refuses to testify at trial because of defendant’s threats?
Certification granted 3/27/08
Argued:
Decided:

A-104-07 State v. Angelo A. Grenci, Jr. (61,300)
Could defendant be deemed to have waived his right to be present at trial on charges presented in a superseding indictment when defendant appeared on the original trial date and was not given notice of the additional charges in the superseding indictment prior to the adjourned trial date?
Certification granted 3/12/08
Argued: 11/3/08
Decided:

A-103-07 State v. Rahmann Reeds (61,852)
Was defendant denied a fair trial based on the alleged trial errors, which included the prosecutor’s use of peremptory challenges to excuse African American jurors?
Certification granted 2/29/08
Argued: 11/3/08
Decided:

A-102-07 Mazzacano v. Happy Hour Social Club (61,960)
In this action alleging negligence under the Dram Shop Act on the part of a social club for serving alcohol to a visibly intoxicated person, can plaintiff introduce evidence that the club failed to comply with a provision of its special permit that required it to post monitors next to the beer truck?
Appeal perfected 2/4/08
Argued: 10/6/08
Decided:

A-101-07 State v. Marcellus R. Williams (62,043)
Did the trial court’s reference to defendant’s “guilt or innocence” in the jury instruction improperly shift the burden of proof to defendant and thereby constitute plain error?
Certification granted 2/21/08
Argued:
Decided:

A-100-07 Education Law Center v. New Jersey Department of Education (62,150)
Were the Department’s records in respect of its estimates and analyses of the cost of providing a thorough and efficient education exempted from disclosure under the Open Public Records Act as deliberative materials?
Leave to appeal granted 2/5/08
Argued: 10/21/08
Decided:

A-99-07 State v. Ernest Spell (61,638)
In addressing a challenge to a conviction for a refusal to take a breathalyzer test, did the Appellate Division have the authority to require police to provide additional information to all persons taking a breathalyzer test in the future?
Certification granted 2/5/08
Argued: 10/20/08
Decided:
11/10/08

A-98-07 Jastram v. Kruse (61,958)
Did the Appellate Division err in setting the amount of the remittitur under the circumstances?
Certification granted 2/5/08
Argued: 10/7/08
Decided:

A-97-07 Bosland v. Warnock Dodge, Inc. (61,927)
Does the Consumer Fraud Act, N.J.S.A. 56:8-1 to -20, include as an essential element an attempt to obtain redress from the retailer prior to filing suit?
Certification granted 2/4/08
Argued: 10/6/08
Decided:

A-96-07 Livsey v. Mercury Insurance Group (61,936)
Is an insured entitled to uninsured motorist benefits under her auto insurance policy for injuries sustained in a drive-by shooting while entering her vehicle?
Certification granted 2/4/08
Argued: 9/9/08
Decided:

A-95-07 Vineland Construction Company v. Township of Pennsauken (61,725)
Can a municipality use eminent domain to transfer property from a private owner to a private developer notwithstanding the representations of the private owner that it is ready, willing, and able to abide by the redevelopment plan?
Appeal perfected 1/28/08
Appeal dismissed by Order 5/15/08

A-94-07 State v. Marcus Cassady (61,967)
Did the trial court’s failure to charge the jury on the lesser included offense of theft require the reversal of defendant’s robbery conviction?
Certification granted 1/24/08
Argued: 10/20/08
Decided:

A-93-07 State v. Jama Smith (61,956)
Did the trial court err in its jury instruction regarding the knowledge required to establish the crime of possession of a defaced firearm?
Certification granted 1/24/08
Argued: 10/7/08
Decided:

A-92-07 State v. Paul Amelio (61,798)
Was the stop of this motor vehicle valid based on the phone call to police by defendant’s daughter in which she stated that defendant was “drunk” and described the vehicle and its location?
Certification granted 1/24/08
Argued: 10/6/08
Decided:

A-88/89/90/91-07 Pellicer v. St. Barnabas Hospital (61,691)
Are defendants in this medical malpractice case entitled to a new trial because of errors in the jury selection process and the improper statements and tactics of plaintiff’s counsel?
Certification granted 1/24/08
Argued: 11/5/08
Decided:

A-86/87-07 Lobiondo v. Schwartz (61,643)
In this action alleging malicious use of process against a party and his attorneys, can the party defend on the ground that he was acting on advice of counsel while the attorneys receive immunity?
Certification granted 1/24/08
Argued: 9/23/08
Decided:

A-85-07 State v. John L. Nyhammer (61,732)
Did police have a duty to readvise defendant of his Miranda rights after informing him that he was a suspect; and did the trial court err in admitting the out-of-court statement of the child victim?
Certification granted 1/18/08
Argued: 10/20/08
Decided:

A-84-07 State v. Vincent Salzillo (61,673)
In the circumstances of this motor vehicle stop, were police justified in conducting a warrantless search of a backpack?
Certification granted 1/18/08
Argued: 10/7/08
Decided:

A-83-07 New Jersey Shore Builders Association v. Township of Jackson (61,551)
Does a municipality have the authority to enact a tree removal ordinance that requires property owners either to replace any tree that is removed or to make a payment into an escrow fund for the replanting of trees elsewhere in the town?
Certification granted 1/18/08
Argued: 9/9/08
Decided:

A-82-07 State v. David A. Olowu (61,891)
Appeal as of right dismissed by Order dated 2/28/08.

A-81-07 In Re: Riverview Professional Services, Inc. (60,628) See A-24-07
Are these nurses engaging in the unauthorized practice of law by appearing as “authorized representatives” of insurance companies at arbitration hearings held pursuant to the New Jersey No-Fault Arbitration Program?
Petition for review granted 6/21/07
Argued: 2/4/08
Decided:

A-80-07 M.S. v. Millburn Police Department (61,748)
Was the prosecutor authorized to refuse to return M.S.’s license to possess firearms under a statutory provision adopted in 2004, when M.S.’s license was seized in 1997 as the result of a domestic violence dispute?
Certification granted 11/20/07
Argued: 9/23/08
Decided:

A-79-07 In the Matter of the Civil Commitment of J.M.B. (61,547)
Were J.M.B.’s prior crimes properly determined to be “sexually violent offenses” under the catch-all provision of N.J.S.A. 30:4-27.26(b), thereby subjecting him to civil commitment as a sexually violent predator?
Certification granted 11/20/07
Argued: 9/8/08
Decided:

A-78-07 LaFranco v. Avaya, Inc. (61,871)
In this action against plaintiff’s former employers alleging a violation of the Law Against Discrimination, is the law firm that jointly represented the corporate and the individual defendants at the trial stage disqualified from continuing to represent either defendant on appeal?
Leave to appeal granted 12/6/07
Argued: 3/10/08
Disposed of by order 3/11/08

A-77-07 Sroczynski v. Milek (61,686) See A-68-07
Was the cancellation of this workers’ compensation insurance policy by the compensation carrier ineffective because of the carrier’s failure to include in the notice sent to the Commissioner of Banking and Insurance a certified statement that the notice was served on the employer as required by N.J.S.A. 34:15-81(b)?
Leave to appeal granted 10/31/07
Argued: 5/5/08
Decided:

A-76-07 OFP, LLC v. State of New Jersey (61,621)
Was plaintiff’s complaint challenging limitations on the development of its property under the New Jersey Highland’s Water Protection and Planning Act properly dismissed for failure to exhaust administrative remedies? Does the Appellate Division’s application of the Act to plaintiff’s property constitute an unconstitutional taking?
Certification granted 12/6/07
Argued: 9/23/08
Decided:
12/9/08

A-75-07 Borough of Glassboro v. Fraternal Order of Police Lodge 108 (61,797)
Did the Appellate Division properly allocate the burden of proof in this action by an unsuccessful candidate challenging the promotion of a police officer by a non-civil service municipality?
Certification granted 12/6/07
Argued: 9/8/08
Decided: 11/17/08

A-74-07 State v. Leidy Granados (61,676)
Should the surety that posted this $40,000 bail bond for this criminal defendant be relieved of its obligation if the defendant’s failure to appear is the result of her deportation out of the country?
Certification granted 12/6/07
Argued: 5/6/08
Decided:
8/5/08

A-73-07 State v. Wayne DeAngelo (61,782)
Did the application of this ordinance prohibiting inflatable signs to defendant in the circumstances of this labor dispute infringe upon defendant’s constitutional right to free speech?
Certification granted 12/6/07
Argued: 9/23/08
Decided:

A-72-07 State v. Tony Slater (61,723)
Should the defendant be permitted to withdraw his guilty plea under the circumstances presented?
Certification granted 12/6/07
Argued: 10/7/08
Decided:

A-70/71-07 Lourdes Medical Center v. Board of Review (61,558)
Did the Board of Review apply the appropriate test in determining whether these nurses, employees of the plaintiff medical center, were entitled to unemployment benefits after they walked off their jobs during a labor dispute?
Certification granted 11/20/07
Argued: 9/9/08
Decided:

A-69-07 Polzo v. Township of Millburn (61,719)
Could the County’s failure to repair a pothole on the shoulder of this county road be deemed palpably unreasonable and therefore make the County liable for plaintiff’s injuries under the Tort Claims Act, N.J.S.A. 59:4-2?
Certification granted 11/15/07
Argued: 9/9/08
Decided:
12/3/08

A-68/77-07 Sroczynski v. Milek (61,686)
Was the cancellation of this workers’ compensation insurance policy by the compensation carrier ineffective because of the carrier’s failure to include in the notice sent to the Commissioner of Banking and Insurance a certified statement that the notice was served on the employer as required by N.J.S.A. 34:15-81(b)?
Leave to appeal granted 10/31/07
Argued: 5/5/08
Decided:
12/17/08

A-66/67-07 Ogborne v. Mercer Cemetery Corp. (61,344)
Under the circumstances presented, is the liability of the public entity to be determined by applying the standard of ordinary negligence or the palpably unreasonable standard governing liability for a dangerous condition of public property, N.J.S.A. 59:4-2?
Certification granted 10/31/07
Argued: 10/6/08
Decided:

A-65-07 Riya Finnegan, LLC v. Township Council of South Brunswick (61,503)
Was the defendant municipality’s rezoning of plaintiff’s property invalid because arbitrary and capricious and because it constituted inverse spot zoning?
Certification granted 10/31/07
Argued: 9/22/08
Decided:

A-64-07 Godfrey v. Princeton Theological Seminary (61,268)
Did plaintiffs, students at the defendant institution, present sufficient evidence to establish that defendant was liable under the Law Against Discrimination because it failed to take appropriate steps to protect them from sexual harassment by a member of the public?
Appeal as of right perfected 11/01/07
Argued: 4/7/08
Decided:
8/4/08

A-63-07 Jamgochian v. State Parole Board (61,556)
Where plaintiff is serving community supervision for life as a condition of his release from prison, did the subsequent imposition by his parole officer of a curfew from 8:00 p.m. to 7:00 a.m. violate his due process rights?
Certification granted 11/15/07
Argued: 4/8/08
Decided:
8/6/08

A-62-07 State v. Charles S. Thomas (61,602)
Did the Appellate Division err in exercising its original jurisdiction to reduce defendant’s sentence?
Certification granted 10/24/07
Argued: 5/6/08
Decided:
6/26/08

A-61-07 DeNike v. Cupo (61,609)
Did the trial judge’s actions negotiating future employment with the law firm representing plaintiff and accepting employment shortly after entry of the final judgment create an appearance of impropriety that requires vacating the judgment for plaintiff?
Certification granted 10/24/07
Argued: 5/6/08
Decided:
9/24/08

A-60-07 State in the Interest of S.A.J. (61,646)
In these juvenile proceedings, was it proper to merge the possession of marijuana charge with the traffic offense of possession of CDS in a motor vehicle, thereby allowing the juvenile to avoid the mandatory, two-year license suspension required by N.J.S.A. 39:4-49.1?
Certification granted 10/24/07
Argued: 4/8/08
Decided:
5/12/08

A-58/59-07 State v. Shariff Ingram (61,615)
Was defendant entitled to a new trial based on the trial court’s failure to instruct the jury that if defendant possessed a less-culpable state of mind than his co-conspirators, he could be found guilty as an accomplice to theft, instead of the crimes of robbery and murder committed by the co-conspirators?
Certification granted 10/24/07
Argued: 5/5/08
Decided:
7/21/08

A-57-07 Romagnola v. Gillespie (61,535)
Should the amendments to Rule 4:58-2, the Offer of Judgment Rule, be applied retroactively and thereby prevent plaintiff from recovering counsel fees and interest?
Certification granted 10/24/07
Argued: 5/5/08
Decided:
6/2/08

A-56-07 Brundage v. Estate of Carl Carambio (61,507)
Did plaintiff’s attorney have an ethical responsibility under RPC 3.3(a)(5) to disclose to an appellate panel considering a motion for leave to appeal that a similar legal issue was pending in another appeal in which the attorney was involved?
Certification granted 10/18/07
Argued: 4/8/08
Decided:
7/15/08

A-55-07 Simmermon v. New Wave Plastering, Inc. (61,291)
Did defendant’s failure to provide notice under Rule 4:5-1(b)(2) of a pending Tennessee class action in which plaintiff qualified as a class member prevent defendant from invoking the preclusive effect of the settlement of that Tennessee matter?
Certification granted 10/11/07
Argued: 5/5/08
Decided:
8/11/08

A-54-07 Greely v. Greely (61,540)
Under the circumstances of this divorce and custody action, does New Jersey retain jurisdiction under the Uniform Custody Jurisdiction and Enforcement Act, N.J.S.A. 2A:34-53 to -95?
Certification granted 10/11/07
Argued: 3/10/08
Decided: 3/19/08

A-53-07 Toto v.Ensuar (61,430)
Are claims alleging willful misconduct by public employees subject to the verbal threshold requirements of the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 to 12-3?
Certification granted 10/4/07
Argued: 4/7/08
Decided:
8/4/08

A-52-07 Van Duren v. Rzasa-Ormes (61,429)
Is the provision in this arbitration agreement that precludes judicial review of an arbitration award beyond the trial level enforceable?
Certification granted 10/4/07
Argued: 3/25/08
Decided:
6/19/08

A-51-07 Cutler v. Dorn (60,785)
Were the comments and pranks by plaintiff’s co-workers and supervisors regarding plaintiff’s Jewish religion and ancestry sufficiently severe and pervasive to create a hostile work environment in violation of the Law Against Discrimination, N.J.S.A. 10:5-1 to -49?
Certification granted 10/4/07
Argued: 4/7/08
Decided:
7/31/08

A-50-07 Hoffman v. Hoffman (61,341)
In this matrimonial litigation, did the post-judgment rulings violate appellant’s constitutional rights to due process?
Appeal perfected 10/17/07
Dismissed 11/20/07

A-49-07 Rosen v. Smith Barney (61,361)
Are the forfeiture provisions of this deferred compensation plan void because in violation of the public policy of the New Jersey Wage Law, N.J.S.A. 34:11-4.1 to -67?
Appeal perfected 9/11/07
Argued: 3/26/08
Decided:
6/25/08

A-48-07 Bedford v. Riello (61,134)
In this action alleging medical malpractice by chiropractors, was plaintiff entitled to a jury instruction that the scope of chiropractic practice under N.J.A.C. 13:44E-1.1(a) is limited to adjustments of the spine and that defendants’ adjustments to plaintiff’s knee were outside the scope of their practice?
Certification granted 9/25/07
Argued: 3/25/08
Decided:
6/18/08

A-47-07 Chubb Custom Insurance Company v. Prudential Insurance Company of America (61,425)
Does the Service of Suit clause in this insurance contract operate as a forum selection clause for the benefit of the defendant-insured?
Certification granted 9/25/07)
Argued: 4/7/08
Decided:
6/26/08

A-46-07 State v. Darren Bradshaw (60,984)
Is it unconstitutional to preclude a defendant from giving alibi testimony because of his failure to provide the State with notice of the alibi as required by Rule 3:12-2?
Certification granted 9/20/07)
Argued: 3/25/08
Decided:
7/10/08

A-45-07 State v. Nazario Ventura (61,419)
Should the surety that posted a $150,000 bail bond for a criminal defendant be relieved of its obligation if the defendant has failed to appear, but the surety claims it lacks the ability to produce the defendant because of his location in a foreign country?
Certification granted 9/20/07
Argued: 5/6/08
Decided:
8/5/08

A-44-07 State v. Angela Baum and Jermel Moore (61,313)
In the circumstances of this traffic stop of an unregistered vehicle operated by a driver unable to produce driving credentials, should the seized evidence be suppressed because of the police officer’s questioning of the driver before administering Miranda warnings?
Leave to appeal granted 9/7/07
Argued: 3/11/08
Reargued: 9/8/08
Decided:

A-43-07 Owens v. Feigin (61,449)
Do the notice provisions of the Tort Claims Act apply to claims asserted under the Civil Rights Act of 2004 and the New Jersey Constitution?
Leave to appeal granted 9/7//07
Argued: 3/25/08
Decided:
6/3/08

A-42-07 State v. Janet Gelman (60,996)
Can a prior uncounseled conviction of a petty disorderly persons offense be used to elevate a disorderly persons offense to an indictable offense under N.J.S.A. 2C:34-1(c)(4)?
Certification granted 9/11/07
Argued: 3/25/08
Decided:
7/8/08

A-41-07 Hess Corp. v. Planning Board of the County of Burlington (61,399)
Did defendant’s failure to act on this application for access to a county road from a proposed gas station within thirty days as specified in N.J.S.A. 40:27-6.7 entitle plaintiff to automatic approval of the application?
Certification granted 9/7/07
Argued: 4/8/08
Decided:
7/16/08

A-40-07 Richard A. Pulaski Construction Co., Inc. v. Air Frame Hangars, Inc. (61,415)
Did plaintiff establish that it was entitled to the extraordinary remedy of a prima facie tort under the circumstances presented?
Certification granted 9/7/07
Argued: 4/7/08
Decided: 7/1/08

A-39-07 McMahon v. City of Newark (61,296)
Under the circumstances of this case, which included determinations by the City that plaintiff had breached a tax abatement agreement and therefore was liable for payment of an added property tax assessment, was plaintiff required to comply with the time limitations established in N.J.S.A. 54:4-63.11 for appealing the added assessment?
Certification granted 9/7/07
Argued: 3/26/08
Decided:
7/17/08

A-38-07 State v. James D. Dorman (61,254)
Did the admission of the breathalyzer machine certificate of operability violate the Confrontation Clause of the United States Constitution in light of Crawford v. Washington, 541 U.S. 36 (2004)?
Certification granted 9/11/07
Argued: 2/5/08
Decided:
6/23/08

A-37-07 Board of Education of the City of Sea Isle v. Kennedy (61,267)
Is a school board member disqualified from office under N.J.S.A. 18A:12-2, for initiating and prosecuting due process proceedings under the Individuals with Disabilities Education Act on behalf of his or her disabled child?
Certification granted 9/7/07
Argued: 5/5/08
Decided:
7/21/08

A-36-07 State v. Franklin Jack Burr, II (61,196)
Under the circumstances presented, was evidence that defendant suffered from Asperger’s Disorder admissible in defending against charges of sexual molestation of a minor?
Certification granted 9/7/07
Argued: 3/10/08
Decided:
6/11/08

A-35-07 Senna v. Florimont (61,350)
In this defamation claim by an operator of a boardwalk arcade game against a competitor, does the “actual malice” standard apply because arcade games are deemed “a highly-regulated industry?”
Certification granted 9/7/07
Argued: 2/20/08
Decided:
9/22/08

A-34-07 Cruz v. Central Jersey Landscaping, Inc. (61,271)
In calculating death benefits under N.J.S.A. 34:15-13 of the Workers’ Compensation Act, does the revised formula adopted by amendment effective January 14, 2004, apply to pending claims that arose prior to the effective date?
Appeal perfected 9/11/07
Argued: 2/20/08
Decided:
6/9/08

A-33-07 George Vasquez v. New Jersey Department of Corrections (61,266)
Appeal as of right dismissed October 23, 2007, for failure to raise a substantial constitutional question.

A-32-07 State v. Kenneth Nero (61,269)
Does the crime of first degree robbery based on simulation of a weapon include a knowing state of mind as an element of the offense?
Certification granted 7/23/07
Argued: 3/10/08
Decided:
6/30/08

A-31-07 P.V. v. Camp Jaycee (61,193)
Does the New Jersey Charitable Immunity Act, N.J.S.A. 2A:53A-7, provide immunity to this New Jersey defendant in an action by New Jersey plaintiffs for injuries sustained at a camp located in Pennsylvania, or does the law of Pennsylvania, which does not provide for charitable immunity, apply?
Certification granted 7/23/07
Argued: 2/19/08
Decided:
11/24/08

A-30-07 IMO the Application of Robert L. Taylor (61,164)
Was the trial court authorized under N.J.S.A. 2A:158-7 to require the Cape May County Freeholders to pay salary increases to employees in the Prosecutor’s Office?
Certification granted 7/16/07
Argued: 3/26/08
Decided:
7/28/08

A-29-07 IMO the Liquidation of Integrity Insurance Co. (60,477) See A-91-06.
In the distribution of assets of this insolvent insurer, was the trustee authorized under N.J.S.A. 17:30C-28 to include the estimated value of the "incurred-but-not-reported" claims against the insurer?
Leave to appeal granted 7/6/07
Argued: 9/24/07
Decided: 12/13/07

A-28-07 Sciarrotta v. Sovereign Bank Arena (61,159)
Did defendants take appropriate steps to protect spectators or warn them about the special dangers inherent in warm-up activities prior to a professional hockey game?
Certification granted 7/6/07
Argued: 2/20/08
Decided:
4/10/08

A-27-07 New Jersey Society for the Prevention of Cruelty to Animals v. New Jersey Dept. of Agriculture (60,854)
Are the Department’s regulations codifying N.J.S.A. 4:22-16.1, which provides for the humane treatment of domestic livestock, invalid because inconsistent with the statute?
Certification granted 7/6/07
Argued: 3/10/08
Decided:
7/30/08

A-25/26-07 State v. Wilberto Rodriguez (61,019)
Did the trial court commit plain error by instructing the jury that self-defense was relevant only when considering purposeful murder and that self-defense could not negate the lesser-included offense of reckless manslaughter?
Certification granted 7/6/07
Argued: 3/26/08
Decided: 6/9/08

A-24-07 In Re: Riverview Professional Services, Inc. (60,628) See A-81-07
Are these nurses engaging in the unauthorized practice of law by appearing as “authorized representatives” of insurance companies at arbitration hearings held pursuant to the New Jersey No-Fault Arbitration Program?
Petition for review granted 6/21/07
Argued: 2/4/08
Decided:

A-23-07 State v. Diara Barden (61,002)
Was testimony that defendant sold drugs to the co-defendant over a six-month period prior to the charged robbery admissible as other crimes evidence or under the theory of res gestae?
Certification granted 6/21/07
Argued: 2/19/08
Decided: 6/24/08

A-22-07 Mason v. City of Hoboken (60,920)
Are complaints alleging violations of the Open Public Records Act and the common law right of access subject to the 45-day time limitation applicable to actions in lieu of prerogative writs; and is plaintiff a “prevailing” party entitled to counsel fees under the Act when the government produces its records during the litigation?
Certification granted 6/21/07
Argued: 2/20/08
Decided: 7/22/08

A-21-07 Pizzullo v. New Jersey Manufacturers Insurance Company (60,931)
Does N.J.S.A. 17:28-1.9, which provides immunity to an insurer against claims based on a policyholder’s election of a given level of coverage, apply where a policyholder relies on the insurer’s erroneous oral representations about the amount of coverage?
Certification granted 6/15/07
Argued: 2/4/08
Decided:
8/7/08

A-20-07 Devaney v. L’Esperance (61,061)
Does a long-term, intimate relationship between an unmarried woman and man who did not cohabitate, but who attempted to have a child together, support the woman’s action for palimony?
Certification granted 6/15/07
Argued: 1/22/08
Decided: 6/17/08

A-19-07 Tarr v. Bob Ciasulli’s Mack Auto Mall, Inc. (60,975)
Did the Punitive Damages Liability Act, N.J.S.A. 2A:15-5.9, eliminate general deterrence as a basis for imposing punitive damages?
Certification granted 6/15/07
Argued: 1/22/08
Decided: 3/27/08

A-18-07 The Connecticut Indemnity Company v. Dowdy (60,972)
When an accident occurs while an owner is driving his tractor-truck, without a trailer attached, between his home and the trucking yard, was the owner “engaged in the business of” the trucking company that leased the tractor, thus triggering the company’s policy, or was the tractor being used for personal transportation, thus requiring coverage only under the owner’s personal, non-trucking policy?
Certification granted 6/15/07
Argued: 1/23/08
Decided: 2/11/08

A-17-07 Hunterdon Medical Center v. Township of Readington (61,020)
Is the Hunterdon Medical Center entitled to a local property tax exemption under N.J.S.A. 54:4-3.6 for a portion of its property that houses physical therapy services?
Certification granted 6/15/07
Argued: 1/22/08
Decided: 7/14/08

A-16-07 State v. Carlos Feal (61,104)
Does the holding of State v. Daniels, 182 N.J. 80 (2004), which prohibits a prosecutor from commenting generally on a defendant’s ability to tailor his testimony because of his presence at trial, apply retroactively to cases on direct appeal?
Certification granted 6/7/07
Argued: 1/23/08
Decided: 4/8/08

A-15-07 State v. Charles Fuller (60,986)
Was this warrantless search of an automobile during this traffic stop permissible under the automobile exception to the warrant requirement after defendant had been arrested and secured in the patrol vehicle?
Certification granted 6/7/07
Argued: 3/11/08
Reargued: 9/22/08
Decided:

A-14-07 United States Department of Agriculture v. Scurry (60,980)
Was defendant entitled to have the sheriff’s sale of her property set aside where plaintiff acknowledged that defendant did not receive notice of that sale?
Certification granted 6/7/07
Argued: 1/7/08
Decided: 2/21/08

A-13-07 State v. Scott Schnabel (61,091)
Should evidence that the children had previously been the victims of sexual assault be admissible in light of the State’s cross-examination of defendant about whether he knew any reason why the children would lie?
Certification granted 6/7/07
Argued: 3/11/08
Decided: 7/29/08

A-12-07 State v. Michael Lisa (61,075)
Did the trial court err when it dismissed the reckless manslaughter charge on the ground that defendant did not have a duty to aid the victim who died after ingesting drugs and alcohol?
Leave to appeal granted 5/24/07
Argued: 2/19/08
Decided: 4/22/08

A-11-07 State v. Sharif Cook (61,065)
In this capital murder trial, can the Public Defender replace designated trial counsel over the objections of defendant and counsel?
Leave to appeal granted 6/1/07
Argued: Canceled
Decided: 2/14/08

A-10-07 Morella v. Grand Union (60,988)
Is an employee who seeks compensation for injuries sustained from a self-insured employer that later becomes insolvent required to file a claim in the employer’s bankruptcy proceeding to be eligible for benefits from the Self Insurers Guaranty Association under N.J.S.A. 34:15-120.18(a)?
Certification granted 6/1/07
Argued: 1/7/08
Decided: 1/30/08

A-9-07 Jablonowska v. Suther (60,836)
Does the verbal threshold limitation established by N.J.S.A. 39:6A-8(a) apply to a claim for emotional distress damages under Portee v. Jaffee, 84 N.J. 88 (1980)?
Certification granted 6/1/07
Argued: 1/8/08
Decided:
6/10/08

A-8-07 State v. Michael Taffaro (61,037)
Did the trial court’s extensive questioning of defendant and the prosecutor’s cross-examination about statements defendant did not make to his attorney constitute plain error?
Certification granted 5/21/07
Argued: 2/19/08
Decided:
7/1/08

A-7-07 Villa v. Short (60,630)
Does the exclusion in this homeowner’s insurance policy for intentional acts of an insured bar coverage in this action by a minor alleging negligent supervision, where the minor was sexually molested by the homeowner’s adult son?
Certification granted 5/16/07
Argued: 1/7/08
Decided: 6/5/08

A-6-07 IMO Alleged Improper Practice of Port Authority (60,569)
Was the Port Authority required to negotiate with the police union regarding the hiring of an outside entity to provide security services for the international air terminal at one of the Authority’s airports?
Certification granted 5/16/07
Argued: 2/4/08
Decided: 4/9/08

A-4/5-07 State v. Ryan Buda (60,611)
Did the admission of this child victim’s statements regarding the cause of his injuries violate the Confrontation Clause as interpreted by the U.S. Supreme Court in Crawford v. Washington, 541 U.S. 36 (2004)?
Certification granted 5/16/07
Argued: 2/5/08
Decided: 6/23/08

A-3-07 State v. Richard Berezansky (59,857)
Does the double jeopardy clause bar a retrial when defendant’s conviction of driving under the influence is vacated because the State failed to present sufficient evidence of the chain of custody of defendant’s blood sample?
Certification granted 5/16/07
Argued: 2/5/08
Decided: 6/23/08

A-2-07 State in the Interest of J.A. (59,684)
Were the hearsay statements of a non-testifying witness admissible in these delinquency proceedings?
Certification granted 5/16/07
Argued: 2/5/08
Decided: 6/23/08

A-1-07 State v. William Sweet (59,661)
In proving the reliability of these breathalyzer readings, was the certificate of analysis of the ampoule solution admissible, and did the officer’s testimony demonstrate that he followed the appropriate protocol in gauging the ampoules?
Certification granted 5/16/07
Argued: 2/5/08
Decided: 6/23/08

A-130-06 In re: Opinion 710 on the Advisory Committee on Professional Ethics (60,635)
Is it unethical for an attorney representing a party to a real estate transaction to increase the purchase price and the amount of the mortgage contingency and then have the seller give a credit to the buyer in the increased amount at closing?
Certification granted 5/11/07
Argued: 1/8/08
Decided:
2/6/08

A-129-06 State v. Juan Pena-Flores (60,886)
Was this warrantless search of an automobile after the removal of the occupants permissible under the automobile exception to the warrant requirement?
Leave to appeal granted 5/11/07
Argued: 3/11/08
Reargued: 9/22/08
Decided:

A-128-06 Rutgers Casualty Insurance v. LaCroix (60,842)
When the insured omits information in the insurance application that his adult, licensed daughter resides with him, is the daughter nonetheless entitled to personal injury protection benefits for injuries sustained while operating the insured vehicle?
Certification granted 5/11/07
Argued: 11/28/07
Decided: 5/14/08

A-127-06 In re: Application of Virtua-West Jersey Hospital (60,815)
Was the issuance of this certificate of need for a regional perinatal center authorized under the Health Care Facilities Planning Act when the Commissioner’s call, which invited specific types of certificate of need applications, did not invite applications for a regional perinatal center?
Certification granted 5/3/07
Argued: 11/27/07
Decided: 4/23/08

A-126-06 Utley v. Board of Review (60,750)
Did plaintiff’s reason for resigning from work -- loss of transportation from a co-worker several months after the employer changed his shift -- constitute good cause attributable to such work under N.J.S.A. 43:21-5(a), thereby making plaintiff eligible to receive unemployment benefits?
Certification granted 5/3/07
Argued: 11/27/07
Decided:
5/15/08

A-125-06 Shotmeyer v. New Jersey Realty Title Insurance Company (60,718)
In this action for coverage under a title insurance policy, where a general partnership transfers property by deed to a limited partnership owned by the same individuals, did the title policy purchased by the general partnership continue to afford coverage to those individuals after the transfer?
Certification granted 5/3/07
Argued: 11/28/07
Decided: 6/5/08

A-124-06 State v. Tykim Kemp (60,472)
Did the admission of other crimes evidence and the State’s references to hearsay evidence deprive defendant of a fair trial?
Certification granted 5/3/07
Argued: 11/13/07
Decided:
6/16/08

A-123-06 Toll Brothers, Inc. v. County of Burlington Board of Chosen Freeholders (60,261)
Is this developer’s agreement, which provides for the developer to pay more than a pro-rata share for off-site road improvements, enforceable where the scope of development is reduced after execution of the agreement?
Certification granted 5/3/07
Argued: 10/23/07
Decided: 3/31/08

A-122-06 Reilly v. AAA Mid-Atlantic Insurance Company (60,856)
Can an insurer assess insurance eligibility points against the insured driver for an “at-fault” accident under N.J.S.A. 17:33-B14 and N.J.A.C. 11:3-34.3, absent proof of negligence on the part of the driver?
Certification granted 4/30/07
Argued: 11/27/07
Decided:
5/14/08

A-121-06 IMO the Estate of Madeline Stockdale (60,781)
In this will contest alleging undue influence, did the Appellate Division properly remand the matter to the trial court for reconsideration of the punitive damages claim?
Certification granted 4/19/07
Argued: 10/9/07
Decided:
7/22/08

A-120-06 State v. Luis Garcia (60,807)
Did the trial court err in denying defendant’s request for an adjournment of trial to arrange to have an incarcerated co-defendant appear and testify?
Certification granted 4/12/07
Argued: 2/19/08
Decided:
6/18/08

A-119-06 State v. William Allegro (60,574)
Was defendant entitled to post-conviction relief based on a claim of ineffective assistance of counsel that was demonstrated, in part, by his attorney’s disbarment for gross neglect and a lack of diligence shortly after defendant’s trial?
Appeal as of right
Argued: 11/13/07
Decided: 1/29/08

A-118-06 State v. Charles Watkins (60,753)
Did the prosecutor err in concluding that defendant’s conduct fraudulently cashing unemployment checks over a four-month period constituted a “continuing criminal enterprise” within the meaning of Rule 3:28-3(i)(2) that could serve as a basis for denying defendant’s application into the pre-trial intervention program?
Certification granted 4/4/07
Argued: 11/13/07
Decided: 2/21/08

A-117-06 Sinclair v. Merck & Co. (60,683)
Can plaintiffs maintain this class action seeking recovery in the form of medical monitoring as a result of their increased risk of cardiovascular harm caused by their use of the drug Vioxx?
Certification granted 4/4/07
Argued: 10/22/07
Decided: 6/4/08

A-116-06 State v. James Comer (60,733)/ A-103-06 State v. Ibn Adams (60,614)
Should the out-of-court and in-court identifications of defendant have been excluded, and did the trial court commit reversible error in failing to instruct the jury on the testifying co-defendant’s plea agreement?
Certification granted 2/23/07
Certification granted 5/8/07
Argued: 10/23/07
Decided:
3/26/08

A-115-06 State v. Morgan Scott (60,298)
Did the State present sufficient evidence to prove that defendant actually or constructively possessed the cocaine found in the vehicle in which he was a passenger?
Appeal as of right
Argued: 10/10/07
Decided: 1/10/08

A-114-06 MacKinnon v. MacKinnon
Should the mother be permitted to relocate to Japan with her child against the wishes of the child’s father?
Expedited certification granted
Argued: 5/1/07
Decided: 6/11/07

A-112/113-06 Division of Youth and Family Services v. E.P. (60,528)
Did the trial court err in terminating E.P.’s parental rights given the evidence presented that termination will cause harm to the child and that the potential for an alternative permanent placement was minimal?
Certification granted 3/29/07
Argued: 1/22/08
Decided:
7/14/08

A-111-06 State v. Mylee Cottle (59,976)
Was defendant entitled to post-conviction relief based on his trial attorney’s undisclosed conflict that resulted from the attorney’s indictment by the prosecutor in separate proceedings; or based on a claim of ineffective assistance of counsel?
Certification granted 3/29/07
Argued: 10/22/07
Decided:
5/6/08

A-110-06 / A-80-05 Basil v. Wolf, M.D. (58,503)
Can an employee maintain a tort action against his employer's workers' compensation insurer claiming vicarious liability for the negligence of a doctor hired by the insurer as an independent contractor?
Certification granted: 12/19/05
Argued: 9/11/06
Re-Argued: 5/1/07

Decided: 12/11/07

A-109-06 State v. Manuel Ortiz (60,609)
Can a defendant who is adjudicated not guilty by reason of insanity, and released under the supervision of a relative conditioned on attendance at an out-patient mental health program, also be subjected to periodic hearings under State v. Krol, 68 N.J. 236 (1975)?
Certification granted 3/20/07
Argued: 11/13/07
Decided: 1/17/08

A-107/108-06 Tartaglia v. UBS PaineWebber, Inc. (60,408)
Was plaintiff entitled to a new trial on her claim of retaliatory discharge in violation of the Law Against Discrimination because of the combined effect of the trial errors?
Certification granted 3/20/07
Argued: 10/10/07
Decided:
12/16/08

A-106-06 Oberhand v. Director, Division of Taxation (60,273)
Does the doctrine of manifest injustice apply to prohibit the retroactive application of an estate tax?
Certification granted 3/20/07
Argued: 10/9/07
Decided: 2/27/08

A-105-06 State v. Shirley Reid (60,756)
Does an internet user have a right to privacy to information maintained by their internet service provider under the New Jersey Constitution?
Leave to appeal granted 3/15/07
Argued: 10/22/07
Decided: 4/21/08

A-104-06 Wein v. Morris (60,521)
Did the trial court err in entering an order on its own motion compelling arbitration of this dispute, and did defendants waive their right to complain of that order by engaging in the arbitration proceedings?
Certification granted 3/15/07
Argued: 10/22/07
Decided:
4/14/08

A-103-06 State v. Ibn Ali Adams (60,614) / A-116-06 State v. James Comer (60,733)
Should the out-of-court and in-court identifications of defendant have been excluded, and did the trial court commit reversible error in failing to instruct the jury on the testifying co-defendant’s plea agreement?
Certification granted 5/8/07
Certification granted 2/23/07
Argued: 10/23/07
Decided: 3/26/08

A-102-06 Cicchetti v. Morris County Sheriffs Office (60,585)
Was this public employee barred from filing a Law Against Discrimination claim because he failed to disclose in his employment application a prior conviction, which conviction was later expunged?
Certification granted 2/23/07
Argued: 9/24/07
Decided:
5/28/07

A-99/100/101-06 Sensient Colors, Inc. v. Allstate Insurance(60,404)
Should plaintiff’s later-filed New Jersey coverage action seeking reimbursement for remediation of property located in New Jersey be dismissed in favor of defendant’s first-filed New York action?
Certification granted 2/23/07
Argued: 10/9/07
Decided: 1/29/08

A-98-06 Middletown Township PBA v. Township of Middletown (60,503)
Should the arbitration award, which provides for paid health benefits for certain retired police officers who have worked less than 25 years for the municipality, be affirmed?
Certification granted 2/23/07

Argued: 9/24/07
Decided: 12/3/07

A-97-06 Honeywell International v. Travelers Casualty (60,637)
Should plaintiff’s later-filed New Jersey coverage action be dismissed or stayed on principles of comity in favor of defendant’s first-filed New York action?
Leave to appeal granted 2/23/07
Argued: No
Decided:
6/3/08

A-96-06 State v. Jane Chun (58,879)
Are alcotest instruments scientifically reliable for establishing blood alcohol levels in prosecutions under N.J.S.A. 39:4-50?
Report of Special Master filed 2/13/07
Argued: 4/5/07
Re-argued: 1/7/08
Decided: 03/17/08

A-95-06 State v. Ambrose Harris (60,362)
Is defendant entitled to post-conviction relief based on this Court's holding in State v. DiFrisco, 187 N.J. 156 (2006), which provided for such relief in certain death penalty cases based on the outcome of the bifurcated proceedings for direct appeal and proportionality review?
Direct certification granted 2/8/07
Argued: 10/23/07
Decided: 12/4/07

A-94-06 In re Referendum Petition to Repeal Ordinance (60,383)
Is this city ordinance, which establishes a table of organization for the police department and effectively eliminates the position of deputy chief of police, subject to rejection in a public referendum under N.J.S.A. 40:69A-185?
Certification granted 2/8/07
Argued: 5/1/07
Decided: 9/26/07

A-93-06 State in the Interest of A.O. (60,333)
Should the drugs that police recovered from this juvenile be suppressed because the juvenile's flight did not provide justification for seizing the juvenile?
Certification granted 1/31/07
Argued: No
Decided: 9/11/07

A-92-06 Sahli v. Woodbine Board of Education (60,283)
Is a school board attorney entitled to indemnification under N.J.S.A. 18A:16-6, which provides for such indemnification in defense of a civil action for "any person holding any office, position or employment" with a board of education?
Certification granted 1/31/07
Argued: 9/25/07
Decided: 1/30/08

A-91-06 IMO the Liquidation of Integrity Insurance Co. (60,477) See A-29-07
In the distribution of assets of this insolvent insurer, was the trustee authorized under N.J.S.A. 17:30C-28 to include the estimated value of the "incurred-but-not-reported" claims against the insurer?
Leave to appeal granted 1/25/07
Argued: 9/24/07
Decided: 12/13/07

A-90-06 In re Contest of the Election for the Office of Mayor of Parisppany-Troy Hills (60,497)
Did this petition contesting the general election results contain the requisite specificity to survive a motion to dismiss?
Certification granted 1/31/07
Argued: 5/2/07
Re-Argued: 9/11/07
Decided: 11/8/07

A-88/89-06 Cooper University Hospital v. Jacobs (60,429)
Was the grant of this hospital's application for a certificate of need to perform elective cardiac angioplasty without back-up cardiac surgery on site authorized?
Certification granted 1/25/07
Argued: 3/20/07
Decided: 5/31/07

A-87-06 State v. David Wilder (60,370)
Was defendant entitled to a verdict of acquittal on the charge of serious bodily injury murder; and did the trial court's denial of the motion for acquittal require the reversal of defendant's conviction on the lesser-included offense of manslaughter?
Certification granted 1/12/07
Argued: 9/25/07
Decided: 1/31/08

A-86-06 Hisenaj v. Kuehner (60,026)
Was it an abuse of discretion for the trial court to allow a biomechanical engineer to testify that this low-impact, rear-end collision could not have caused plaintiff’s injuries?
Certification granted 1/12/07
Argued: 11/13/07
Decided: 3/6/08

A-85-06 Township of Middletown v. Simon (60,057)
Did the issuance of a tax sale certificate and the entry of a tax foreclosure judgment on this property preclude the municipality from dedicating the property for public use as a park?
Certification granted 1/12/07  
Argued: 9/11/07
Decided: 1/15/08

A-84-06 Triffin v. TD Banknorth (59,895)
Does an assignee who has purchased a dishonored check after it has been dishonored, with full knowledge that the check has been forged and dishonored, have standing to bring a "late return" claim against the drawee bank under N.J.S.A. 12A:4-302?
Certification granted 1/9/07
Argued: 4/5/07
Decided: 5/02/07

A-83-06 DYFS v. G.L. (60,104)
Was it appropriate to terminate defendant's parental rights because of her continuing relationship with the child's father, who had previously been convicted of manslaughter for shaking to death another of his and defendant's infant children?
Certification granted 1/8/07
Argued: 5/2/07
Decided: 7/9/07

A-82-06 DYFS v. N.M.S. (60,141)
Did the appellate court apply the appropriate standard of review in affirming the trial court's approval of the permanency plan that proposed termination of parental rights and adoption?
Certification granted 1/3/07
Argued: 5/2/07
Decided: 5/25/07

A-81-06 State v. Andre Johnson (59,885)
Was the handgun seized by police inadmissible under the exclusionary rule in the circumstances presented?
Certification granted 12/13//07
Argued: 9/25/07
Decided: 2/26/08

A-80-06 State v. Thomas Lykes (60,193)
Was it permissible for the prosecutor to elicit testimony from defendant as to whether he had previously held a vial of cocaine in his hand, and did the jury instructions cure any resulting prejudice?
Certification granted 12/8/06
Argued: 9/11/07
Decided:
11/5/07

A-79-06 State v. Michael O’Neill (60,289)
Did police violate defendant’s right not to incriminate himself with a two-step interrogation technique, which involved questioning defendant before issuing Miranda warnings and then, after defendant made incriminating statements, issuing warnings and resuming questioning?
Certification granted 1/9/07
Argued: 9/10/07
Decided: 12/20/07

A-78-06 State v. George Jenewicz (60,040)
Was defendant entitled to a reversal of this murder conviction because of the prosecutor's cross-examination of defendant's expert on issues not testified to by the expert; the jury instructions on defendant's claim of self-defense; and the trial court's denial of defendants motion to sever the charge of hindering apprehension?
Certification granted 12/8/06
Argued: 9/11/07
Decided:
1/28/08

A-77-06 IMO Tammy Herrmann (60,166)
Did the Appellate Division apply the appropriate standard of review in determining that the Merit System Board's sanction discharging this employee was excessive?
Certification granted 12/8/06
Argued: 4/5/07
Decided:
7/16/07

A-76-06 DYFS V. B.R. (59,962)
Where the parent claims ineffective assistance of counsel in an action by the State to terminate parental rights, do the precedents established for criminal defendants under the Sixth Amendment apply?
Certification granted 12/8/06
Argued: 5/2/07
Decided: 7/25/07

A-75-06 State v. Porfirio Jimenez (58,521)
Where a defendant facing the death penalty seeks to avoid that penalty because he is mentally retarded, must the jury be unanimous in finding that defendant is mentally retarded?
Clarification granted 12/8/06
Argued: 4/26/07
Decided: 6/18/07

A-74-06 IMO Advisory Committee on Professional Ethics Opinion No. 705 (59,680)
Should the Conflicts of Interest Law, N.J.S.A. 52:13D-17, which prohibits a law firm from representing a client based on the prior employment of a firm's member as a government attorney, take precedence over the Rules of Professional Conduct 1.11(c), which does not prohibit such representation?
Review granted 12/5/06
Argued: 4/5/07
Decided:
7/19/07

A-70/71/72/73-06 IMO the Trust Agreement of John Seward Johnson (60,238)
Was it proper to apply the Doctrine of Probable Intent to conclude that the term "spouses" in this Trust Agreement includes surviving spouses of the grantor's deceased children?
Appeal as of right
Argued: 9/25/07
Decided: 4/3/08

A-69-06 Iliadis v. Wal-Mart Stores (60,170)
In this action by employees seeking redress for working without compensation for certain periods, were plaintiffs entitled to class certification under Rule 4:32-1?
Leave to appeal granted 11/21/06
Argued: 4/5/07
Decided:
5/31/07

A-68-06 State v. Daniel Luna (59,909)
Was it a denial of defendant's constitutional rights to proceed with the trial in his absence?
Certification granted 11/21/06
Argued: 9/10/07
Decided:
12/19/07

A-66/67-06 Thurber v. City of Burlington (60,190)
Did the Merit System Board have the authority to reinstate this employee of the municipal court notwithstanding the decision of the assignment judge to remove the employee because she had engaged in conduct unbecoming a judicial employee?
Certification granted 11/21/06
Argued: 5/1/07
Decided: 6/20/07

A-65-06 University Cottage Club v. NJDEP (60,050)
Was the NJDEP's denial of this application for certification as a historic site, which certification would have exempted the property from liability for local property taxes, arbitrary and capricious?
Certification granted 11/15/06
Argued: 3/6/07
Decided:
5/30/07

A-64-06 Township of Holmdel v. N.J. Highway Authority (60,233)
Is the PNC Bank Arts Center, which is owned by the Highway Authority and leased to private entities, exempt from liability for local property taxes?
Leave to appeal granted 11/9/06
Argued: 1/30/07
Decided: 4/4/07

A-63-06 State v. Alturik Francis (59,852) (See A-31-06)
In this capital murder case, should the State be permitted to use testimony given by defendant's family members before the Grand Jury if it was improper for the State to call those witnesses?
Leave to appeal granted 11/9/06
Argued: 3/6/07
Decided:
6/27/07

A-62-06 Roberts v. Division of State Police (60,051)
Does the 45-day time period for bringing disciplinary charges against a State police officer under N.J.S.A. 53:1-33 begin to run upon the determination of law enforcement authorities not to bring criminal charges, or when the Superintendent of State Police receives the result of a subsequent, internal investigative report?
Certification granted 11/9/06
Argued: 2/13/07
Decided:
6/20/07

A-61-06 Pacifico v. Pacifico (59,871)
Where this property settlement agreement provided for the buy-out of one party's interest in the marital residence at a future date, was the interest to be valued at the time of the agreement or when the buy-out occurred?
Certification granted 11/9/06
Argued: 2/13/07
Decided: 4/18/07

A-60-06 Daidone v. Buterick Bulkheading, Inc. (60,156)
In this residential construction project managed by the homeowner, does the Statute of Repose, N.J.S.A. 2A:14-1.1, begin to run on the date the contractors completed their work, or when the certificate of occupancy was issued more than one year later?
Certification granted 11/15/06
Argued: 3/5/07
Decided:
6/26/07

A-59-06 Acuna v. Turkish (59,643)
Was it a violation of plaintiff's constitutional rights to equal protection to deem the Wrongful Death Act, N.J.S.A. 2A:31-1, inapplicable in this malpractice action alleging lack of informed consent to perform an abortion?
Appeal as of right
Decided
: 1/18/07

A-58-06 Wilson v. General Motors Corp. (59,890)
Did the plaintiffs' complaints allege conduct that was independent of any allegations of violations of the New Jersey Antitrust Act, N.J.S.A. 56:9-1 to -19, and therefore which constitutes unconscionable practices under the Consumer Fraud Act, N.J.S.A. 56:8-1 to -20?
Appeal as of right
Argued: 1/29/07
Decided: 3/20/07

A-57-06 State v. Frederick T. Hamilton (59,444)
In this criminal trial on charges of drug possession where defendant was arrested while being questioned regarding the suspicious death of an acquaintance, was the trial court required to sanitize the evidence of defendant's prior homicide conviction?
Certification granted 10/19/06
Argued: 10/10/07
Decided:
1/16/08

A-55/56-06 Levin Properties, LP v. Hamilton Twp. Planning Bd. (59,950)
Did the planning board have authority to deny plaintiff's application for site plan approval for a proposed commercial shopping complex based on the board's concerns about the sufficiency of the center's drainage system and the impact on off-site traffic?
Certificaton granted 10/19/06
Argued: 3/6/07
Decided:
3/21/07

A-54-06 Potenzone v. Annin Flag Co. (59,997)
Did the exclusion in this commercial automobile insurance policy for loading and unloading activities, which exclusion is contrary to the State's omnibus automobile statute, nonetheless serve to limit the amount of coverage available to an innocent third-party to the statutory minimum?
Certification granted 10/19/06
Argued: 2/20/07
Decided:
6/06/07

A-53-06 Michael J. Raspa, Jr. v. Office of the Sheriff of the County of Gloucester (59,902)
Did the Sheriff fail to accommodate plaintiff's disability by refusing to assign him personally to a position with minimal inmate contact?
Certification granted 10/19/06
Argued: 2/13/07
Decided:
6/12/07

A-52-06 Liquori v. Elmann, M.D. (59,947)
In this medical malpractice case alleging negligence by an assistant cardiac surgeon during emergency care following a quadruple-bypass operation, did the trial court err by instructing the jury that the assistant surgeon was to be held to the standard of care applicable to a general practitioner instead of that applicable to a specialist, and did the emergency obviate the duty of the doctor to obtain the patient's informed consent?
Certification granted 10/20/06
Argued: 3/5/07
Decided: 6/25/07

A-51-06 Gallenthin Realty Development, Inc. v. the Borough of Paulsboro (59,982)
Did the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 to -49, authorize the municipality to designate this vacant property as in need of redevelopment, and was the municipality's conclusion that the property was stagnant and not fully productive supported by substantial credible evidence?
Certification granted 10/19/06
Argued: 4/26/07
Decided: 6/13/07

A-50-06 Maglies v. Estate of Bertha Guy (59,953)
Is a surviving family member of a deceased tenant whose rental payments were subsidized under the federal Section 8 housing assistance program entitled to succeed to the decedent's tenancy rights under the New Jersey Anti-Eviction Act, N.J.S.A. 2A:18-61.1 to -61.12, and the statutes and regulations governing the section 8 program?
Certification granted 10/19/06
Argued: 2/13/07
Decided: 12/12/07

A-49-06 Joseph Jerkins, et al. v. Soweto Anderson, et al. and Board of Education of Pleasantville Public Schools, et al. (59,918)
Did the school district have a duty to ensure that younger students are properly supervised before being released in accordance with a scheduled, early dismissal?
Certification granted 10/12/06
Argued: 2/20/07
Decided: 6/14/07

A-48-06 Toll Brothers, Inc. v. Township of West Windsor (59,893)
Do the notice provisions of Rule 1:4-8 apply where a party seeks sanctions under the Frivolous Claims Act, N.J.S.A. 2A:15-59.1, against another party that is represented by counsel?
Certification granted 10/12/06
Argued: 1/30/07
Decided: 4/3/07

A-47-06 Fairway Dodge, LLC v. Decker Dodge, Inc. (59,910)
In this litigation between competing auto dealerships alleging various business torts, did the Appellate Division err in dismissing claims of violations of the Computer Related Offenses Act and in ordering a new trial on damages?
Certification granted 10/12/06
Argued: 1/29/07
Decided:

A-45/46-06 Stomel v. City of Camden (59,327)
Does the Conscientious Employee Protection Act (CEPA) apply to an attorney who is hired by a municipality to work as a part-time public defender?
Certification granted 10/12/06
Argued: 1/4/07
Decided: 7/25/07

A-44-05 Thompson v. City of Atlantic City (59,901)
Did the federal court's approval of this settlement of federal litigation preclude a New Jersey court from imposing a remedy where the New Jersey court finds the settlement invalid because of numerous conflicts of interest?
Certification granted 10/12/06
Argued: 1/29/07
Decided: 5/16/07

A-43-06/A-121-05 State v. Jason Meyer (59,900/59,172)
Is defendant automatically disqualified from the Drug Court program because of prior convictions of third-degree crimes?
Direct certification granted 9/27/06
Argued: 3/20/07
Decided: 9/19/07

A-42-06 State v. Michelle Elders (59,848)
Was the warrantless search of this motor vehicle, which vehicle was disabled on the New Jersey Turnpike and under repair by its occupants, justified under the circumstances?
Leave to appeal granted 10/5/06
Argued: 2/13/07
Decided: 7/30/07

A-41-06 New Jersey Turnpike Authority v. Local 196, I.F.P.T.E. (59,859)
Was there a clear mandate of public policy that authorized the court to vacate the arbitrator's decision suspending this employee and to enforce the employer's decision terminating the employee instead?
Certification granted 10/5/06
Argued: 3/5/07
Decided: 4/23/07

A-40-06 State v. Sulaiman A. Sloane (59,813)
Were police authorized to perform a computer check on the driver's license of a passenger in this motor vehicle under the circumstances?
Certification granted 10/5/06
Argued: 9/24/07
Decided: 2/11/08

A-39-06 State v. Howard Parks (59,708)
Was it constitutional to sentence this defendant to life imprisonment under the State's "Three Strikes" statute, N.J.S.A. 2C:43-7.1?
Certification granted 9/8/06
Argued: 5/1/07
Re-Argued: 9/10/07

Decided: 10/25/07

A-38-06 State v. Robert Figueroa (59,873)
Was the trial court's instruction to the jury, given on a Wednesday, implying that the jury might be required to deliberate through the weekend if they did not reach a unanimous verdict before that time, impermissibly coercive?
Certification granted 9/27/06
Argued: 1/30/07
Decided: 4/26/07

A-37-06 State v. Abdul Webster (59,774)
Does the No Early Release Act, which requires that a defendant convicted of certain criminal offenses serve a parole ineligibility period of 85 percent of the sentence, preclude the application of commutation and work credits to reduce the parole ineligibility period?
Certification granted 9/27/06
Argued: 3/19/07
Decided: 4/25/07

A-36-06 Johnson v. Scacccetti (59,854)
Did plaintiff's dental injuries satisfy the threshold of the Automobile Insurance Cost Reduction Act; if so, did this allow plaintiff to seek pain and suffering damages for all other injuries, as well?
Certification granted 10/5/06
Argued: 3/5/07
Decided: 7/31/07

A-35-06 R.M. v. Supreme Court of New Jersey (60,173)
Was the trial court's award of counsel fees to plaintiff as a prevailing party in an action under 42 U.S.C.A. § 1983 appropriate?
Direct certification granted 9/7/06
Argued: 1/17/07
Decided: 3/26/07

A-34-06 State v. Calvin Lee (58,890)
Assuming the initial motor vehicle stop was the result of unconstitutional racial profiling, did defendant's subsequent conduct of resisting arrest and fleeing police render the seized evidence admissible under the attenuation doctrine?
Appeal as of right
Argued: 1/17/07
Decided: 4/19/07

A-33-06 State v. Nathaniel Harvey (58,720)
Capital cause; appeal from denial of petition for post-conviction relief.
Appeal as of right
Argued: 10/10/07
Decided:

A-32-06 Ezrina Shim v. Rutgers -  The State University of New Jersey (59,761)
Did the Appellate Division apply the appropriate standard of review in considering this challenge to Rutgers' determination that plaintiff was not domiciled in New Jersey for purposes of establishing her tuition?
Appeal as of right
Argued: 1/29/07
Decided: 6/14/07

A-31-06 State v. Alturik Francis (59,852) (See A-63-06)
In this capital murder case, should the State be permitted to use testimony given by defendant's family members before the Grand Jury if it was improper for the State to call those witnesses?
Leave to appeal granted 9/6/06
Argued: 3/6/07
Decided: 6/27/07

A-30-06 St. Joseph's Korean Catholic Church v. Zoning Bd. Of Rockleigh (59,698)
Do the defendant Borough's zoning ordinances unconstitutionally discriminate against houses of worship and did the Zoning Board's denial of plaintiff's variance applications violate the federal Religious Land Use and Institutionalized Persons Act of 2000?
Certification granted 9/8/06
Argued: 1/30/07
Decided:

A-28/29-06 Ruiz v. Rossi (59,701)
Did N.J.S.A. 2A:62A-21 abolish the Fireman's Rule, which bars firefighters and police officers from suing a negligent property owner for injuries sustained while on duty and responding to a fire or other emergency?
Certification granted 9/8/06
Argued: 1/29/07
Decided: 3/13/07

A-27-06 State v. Ronald Burns (59,668)
Did the trial court commit reversible error by allowing the State to call a critical witness where the prosecutor and trial judge knew in advance that the witness would refuse to answer any questions if those answers would support the State's case against defendant?
Certification granted 9/8/06
Argued: 3/19/07
Decided: 7/26/07

A-26-06 State v. Marcellus Williams (58,904)
Did this anonymous tip about "a black male wearing a black jacket" selling drugs in a high crime area authorize police to stop and frisk defendant; if not, could defendant be convicted of obstruction under N.J.S.A. 2C:29-1 after fleeing from police?
Certification granted 9/8/06
Argued: 3/6/07
Decided: 7/12/07

A-25-06 In the matter of Systemic Proportionality Review Project
Court to address issue of county variability in the prosecution of capital causes.
Argued: 10/17/06
Decided:

A-24-06 State v. Ahmed Elkwisni (59,489)
Was defendant denied a fair trial because of the State's cross-examination about and reference during summation to defendant's post-arrest silence?
Appeal of right
Argued: 11/14/06
Decided: 4/17/07

A-23-06 State v. D.A. (59,667)
Under the circumstances presented, did the trial court err in denying defendant's motion for acquittal on the charge of witness tampering, N.J.S.A. 2C:28-5(a)?
Certification granted 7/19/06
Argued: 1/16/07
Decided: 6/04/07

A-22-06 International Union of Operating Engineers #68 Welfare Fund v. Merck & Co., Inc. (59,588)
Did the trial court err when it certified a nationwide class and when it applied the New Jersey Consumer Fraud Act?
Leave to appeal granted 7/19/06
Argued:  3/19/07
Decided: 9/6/07

A-21-06 State v. Raheem Means (59,571)
At a sentencing hearing, did the trial court abuse its discretion by permitting the prosecutor to withdraw the plea offer because of the objections of the victim's father?
Certification granted 7/19/06
Argued: 1/16/07
Decided: 7/11/07

A-20-06 State v. Edward J. Roman, Sr. (59,002)
Was defendant deprived of the right to a fair trial because of the prosecutor's misconduct, the use of defendant's confession given after he requested to speak with his parents, or the judge's failure to instruct the jury not to consider the evidence presented concerning the other counts against him?
Certification granted 7/19/06
Argued: 1/16/07
Decided:

A-19-06 Rowe v. Hoffman-La Roche Inc. (59,454
In a products liability lawsuit brought by a Michigan resident against a New Jersey corporation for failure to warn of adverse health affects of a prescription drug, does Michigan or New Jersey law apply?
Appeal of right
Argued: 1/3/07
Decided: 3/29/07

A-18-06 Steinhauer v. Cooper (59,407)
In this medical malpractice case, did the trial court err in charging the jury on the apportionment of damages and in granting an additur of $200,000?
Certification granted 7/11/06
Argued: 1/4/07
Decided:

A-17-06 Soto v. Scaringelli (59,531)
In personal injury case arising from being hit by a automobile, does a surgical scar on plaintiff's shoulder constitute "significant scarring" to overcome the verbal threshold provision of the Automobile Insurance Cost Reduction Act?
Certification granted 7/11/06
Argued:  1/3/07
Decided: 3/21/07

A-16-06 In the Matter of John Carter (59,618)
Did the Appellate Division apply the appropriate standard of appellate review in deciding that the public body's discipline of this police officer was excessive?
Certification granted 7/11/06
Argued: 1/17/06
Decided: 6/20/07

A-15-06 Acuna v. Turkish (59,525)
Did this obstetrician provide his patient with material medical information necessary for her to make an informed decision about whether to terminate her pregnancy?
Certification granted 7/11/06
Argued: 2/20/07
Decided: 9/12/07

A-14-06 Totaro, Duffy, Cannova & Co., LLC v. Lane, Middleton & Co., LLC (59,381)
In this action alleging breach of a non-solicitation agreement that was a condition of the sale of an accounting business, did plaintiff's proofs establish a causal connection between the breach and plaintiff's damages?
Appeal as of right
Argued: 11/13/06
Decided: 5/24/07

A-13-06 Brenman v. Demello (59,368)
In an automobile negligence case where defendant denied proximate cause, did the admission of photographs showing minimal damage to plaintiff's vehicle, without any limiting instructions or expert foundation, impermissibly allow the jury to speculate as to the cause of plaintiff's injuries?
Certification granted 6/13/06
Argued: 11/29/06
Decided: 5/30/07

A-12-06 State v. Jayson Williams (59,597)
Is evidence of defendant's post-shooting conduct admissible in his retrial for reckless manslaughter?
Leave to appeal granted 6/13/06
Argued: 10/30/06
Decided: 4/11/07

A-11-06 First Union National Bank v. Penn Salem Marina, Inc. (59,332)
In a mortgage foreclosure action, does the amount of a previously adjudicated law division judgment obtained on the note limit the amount of the foreclosure judgment?
Certification granted 6/13/06
Argued: 11/28/06
Decided: 5/10/07

A-10-06 Salvatore Vergopia v. Corey Shaker, et al. (59,308)
Under the circumstances presented, is outside counsel to the corporation entitled to indemnification for legal expenses he incurred in defending claims brought against him personally in connection with work he performed for the corporation?
Certification granted 5/30/06
Argued: 11/29/06
Decided: 6/11/07

A-9-06 State v. Joseph Clark, et al. (58,656)
Can the Attorney General subpoena the chief investigator of the Advisory Committee on Judicial Conduct to testify in a criminal trial concerning statements provided during the Committee's investigation, notwithstanding the confidentiality of such proceedings under Rule 2:15-20?
Leave to appeal granted 5/25/06
Argued: 1/16/07
Decided: 6/20/07

A-8-06 State v. Stacey Froland a/k/a Stacey Kindt (59,264)
Where a father has joint custody of his children, can the stepmother who had the father's consent be guilty of kidnapping the children under N.J.S.A. 2C:13-1d?
Certification granted 5/25/06
Argued: 9/10/07
Decided: 12/12/07

A-7-06 State v. Lawrence Brown (59,168)
Was defendant denied a fair trial as a result of the State's cross-examination about and reference during summation to defendant's pre-arrest silence?
Certification granted 5/25/06
Argued: 11/14/06
Decided: 4/17/07

A-6-06 State v. Michael Tucker (58,978)
Was defendant, who did not testify, denied a fair trial as a result of the State's use of his pre-arrest silence?
Certification granted 5/25/06
Argued: 11/14/06
Decided: 4/17/07

A-5-06 R.A.C. v. P.J.S., Jr. (58,566)
Under the circumstances presented here, can the natural father of a child conceived in an extra-marital affair be held civilly liable to the husband of the child's mother, who raised the child as his own, in an action filed thirty years after the child's birth?
Certification granted 5/25/06
Argued: 11/28/06
Decided:
7/17/07

A-4-06 State v. Randi Fleischman (59,339)
Should N.J.S.A. 2C:21-4.6 be construed so that multiple acts of insurance fraud in a document constitute separate and distinct offenses?
Leave to appeal granted 5/11/06
Argued: 11/29/06
Decided: 3/19/07

A-3-06 Joseph Pannetta v. Equity One, Inc. (59,023)
When the upland property was conveyed, were the riparian rights also conveyed pursuant to N.J.S.A. 46:3-16, notwithstanding the absence of any mention of those rights in the deed?
Certification granted 5/11/06
Argued: 1/3/07
Decided: 5/01/07

A-2-06 Anne Covey v. Equity One, Inc. (59,023)
Can a contract for the sale of real property be invalidated based on confusion over whether the foreclosed property included a riparian grant when the property was offered for sale at an auction without reserve?
Certification granted 5/11/06
Argued: 1/3/07
Decided: 5/01/07

A-1-06 Melissa Phillips v. John Gelpke (59,155)
Was expert testimony required on the subject of repression/dissociative amnesia to support allegations of sexual abuse based on recalled memory?
Certification granted 5/11/06
Argued: 11/13/06
Decided: 5/17/07

A-123-05 Joseph Guadagno v. Board of Trustees, PFRS (59,221)
Can a verbal threat qualify as a “traumatic event” so that a senior corrections officer would qualify for accidental disability pension benefits pursuant to N.J.S.A. 43:16A-7?
Appeal as of right
Argued: 10/10/06
Re-Argued: 11/28/07
Decided: 2/11/08

A-121-05 / A-43-06 State v. Jason Meyer (59,172)
Is the defendant automatically disqualified from the Drug Court program because of prior convictions of third-degree crimes?
Leave to appeal granted: 4/28/06
Argued: 3/20/07
Decided:
9/19/07

A-120-05 Div. Of Alcoholic Bev. Control v. Maynards Inc. (59,212)
Is a liquor licensee responsible for the acts of its employees if those acts are undertaken without the licensee’s knowledge and participation, and in contravention to the licensee’s instructions?
Certification granted: 4/28/06
Argued: 11/28/06
Decided:
7/18/07

A-119-05 D’Annunzio v. Prudential Ins. Co. (59,310)
Is an independent contractor an “employee” who is protected under the Conscientious Employee Protection Act?
Certification granted: 4/28/06
Argued: 1/4/07
Decided: 7/25/07

A-118/122-05 Comm. For a Better Twin Rivers v. Twin Rivers Homeowners’ Assoc. et al. (59,230)
Do the State Constitution’s Speech and Assembly clauses apply to limit the authority of a homeowners’ association, and if so, under what circumstances?
Certification granted 4/28/06
Argued: 1/4/07
Decided: 7/26/07

A-117-05 State v. Breane Blakney (59,196)
Was the trial judge’s Rule 404(b) instruction limiting the jury’s use of alleged prior acts of child abuse adequate in this murder trial?
Appeal as of right
Argued: 11/14/06
Decided: 12/20/06

A-115/116-05 N.J.D.Y.F.S. v. M.M. (59,055)
Under the circumstances presented, can the parental rights of the father be terminated because of his ongoing relationship with the mother who is unfit and whose parental rights have been terminated?
Certification granted: 4/28/06
Argued: 10/11/06
Decided: 2/8/07

A-114-05 T.H. v. Div. of Developmental Disabilities (58,913)
Is the Division of Developmental Disabilities’ regulation, N.J.A.C. 10:46-1.3, which defines developmental disability as a disability that results in substantial functional limitations before the age of 22, invalid because it is inconsistent with the statutory definition of N.J.S.A. 30:6D-3?
Certification granted: 4/28/06
Argued: 11/13/06
Decided: 3/1/07

A-113-05 Hodges v. Feinstein, Raiss, Kelin & Booker, LLC (59,375)
May a law firm representing a landlord in a summary dispossess action be deemed a “debt collector” subject to the federal Fair Debt Collection Practices Act?
Leave to appeal granted: 4/13/06
Argued: 9/25/06
Decided
: 1/31/07

A-112-05 State v. Steven Fortin (59,206)
Did the trial court properly limit the “other crimes” evidence that the State can introduce pursuant to N.J.R.E. 404(b) under the circumstances presented?
Leave to appeal granted: 4/18/06
Argued: 9/26/06
Decided: 3/28/07

A-111-05 L.W. v. Toms River Regional Schools Board of Education (58,919)
May a public school district be held liable under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 et seq., for hostile environment sexual harassment based on instances of student-on-student harassment and, if so, what standard of liability should be applied to such a cause of action?
Certification granted: 4/13/06
Argued: 11/13/06
Decided: 2/21/07

A-110-05 State v. Jeffrey Drury (57,590)
Did defendant’s conviction for carjacking enable the trial court to elevate defendant’s second-degree sexual assault offense to first-degree sexual assault under N.J.S.A. 2C:14-2a(3)?
Certification granted: 4/4/06
Argued: 11/29/06
Decided: 4/24/07

A-109-05 State v. Christopher Romero (57,590)
Under the circumstances presented, did the trial court’s failure to provide the jury with instructions regarding cross-racial identification constitute reversible error; and was the identification procedure used by the police impermissibly suggestive?
Certification granted: 4/4/06
Argued: 10/31/06
Decided: 5/21/07

A-108-05 State v. M.C. (59,071)
Should the Supreme Court’s decision in State v. W.A., 184 N.J. 45 (2005), which held that criminal defendants have a right to be present when a potential juror is being questioned at sidebar, be applied prospectively only; and does deviation from that requirement in these circumstances constitute reversible error?
Certification granted: 4/4/06
Argued: 11/14/06
Decided: 4/4/07

A-106-05 Grivas v. Smyth (59,360)
After a complaint to foreclose has been filed by the holder of a tax sale certificate, may one acquire and redeem an interest in the real property under N.J.S.A. 54:5-98 and Rule 4:64-6(b); and in these circumstances, was the interest acquired for “nominal consideration” such that redemption was prohibited by N.J.S.A. 54:5-89.1?
Direct Certification Granted: 3/29/06
Argued: 9/12/06
Decided: 1/29/07

A-105-05 Simon v. Cronecker (59,359)
After a complaint to foreclose has been filed by the holder of a tax sale certificate, may one acquire and redeem an interest in the real property under N.J.S.A. 54:5-98 and Rule 4:64-6(b); and in these circumstances, was the interest acquired for “nominal consideration” such that redemption was prohibited by N.J.S.A. 54:5-89.1?
Direct Certification Granted:  3/29/06
Argued: 9/12/06
Decided: 1/29/07

A-104-05 A.A. v. Attorney General of N.J. (59,357)
Is the DNA Database and Databank Act of 1994, N.J.S.A. 53:1-20.17 to -20.28, as amended, which requires a person convicted of a crime to provide a blood sample for DNA testing and storage, constitutional as applied to adults and juveniles over the age of 14; and does an offender have a constitutional right to expungement of the DNA information upon completion of the offender’s sentence of imprisonment or probation?
Certification granted: 3/30/06
Argued: 9/26/06
Decided: 1/24/07

A-103-05 State v. Vincent Dispoto (59,262)
Where police advised defendant of his Miranda rights when he was not under arrest and, 90 minutes later, arrested defendant without advising him of those rights anew, did the trial court properly suppress defendant’s post-arrest statements and evidence seized during the execution of a search warrant that was issued on the basis of those statements?
Leave to Appeal Granted: 3/30/06
Argued: 10/11/06
Decided: 1/18/07

A-102-05 State v. Pascal DuBois (59,024)
Did defendant knowingly and intelligently waive his right to counsel in these circumstances, where the trial court provided warnings against pro se representation over the course of several proceedings rather than in one proceeding?
Certification granted: 3/30/06
Argued: 10/30/06
Decided: 3/8/07

A-101-05 Moore v. State Police Retirement Sys. (59,033)
Can racial harassment, absent the application of an external physical force, constitute a “traumatic event” sufficient to establish a State Trooper’s eligibility for an accidental disability pension from the State Police Retirement System pursuant to N.J.S.A. 53:5A-10(a)?
Certification granted: 3/30/06
Argued: 10/10/06
Re-Argued: 11/28/07
Decided:
2/11/08

A-100-05 Richardson v. Police & Firemen’s Retirement Sys. (59,009)
Did this physical altercation between an inmate and a corrections officer constitute a “traumatic event” sufficient to establish the corrections officer’s eligibility for an accidental disability pension from the Police and Firemen’s Retirement System pursuant to N.J.S.A. 43:16A-7(1)?
Certification Granted: 3/16/06
Argued: 10/10/06
Decided: 7/24/07

A-99-05 Patterson v. Board of Trustees, State Police Retirement System (59,095)
Can verbal abuse, absent the application of an external physical force, constitute a “traumatic event” sufficient to establish a State Trooper’s eligibility for an accidental disability pension from the State Police Retirement System pursuant to N.J.S.A. 53:5A-10(a)?
Certification granted: 3/16/06
Argued: 10/10/06
Re-Argued: 11/28/07
Decided:
2/11/08

A-98-05 In re: Advisory Committee on Professional Ethics Opinion No. 697 (58,517)
Did the Supreme Court’s elimination of the “appearance of impropriety” standard in the Rules of Professional Conduct affect the determination whether a law firm can simultaneously represent the governing body of a municipal entity and a client before one of the municipality’s boards or agencies?
Certification granted: 2/28/06
Argued: 9/25/06
Decided:
12/8/06

A-97-05 Northvale Board of Education. v. Northvale Education Association (58,789)
Can a public employer avoid binding arbitration and the terms of a collective bargaining agreement that governs an employee’s “discharge” by entering into individual contracts with employees that authorize the employer to “terminate” the employee at will?
Certification granted: 2/23/06
Argued: 10/30/06
Decided: 10/29/07

A-96-05 Pascack Valley Regional High School Bd. of Education v. Pascack Valley Regional Support Staff Association (58,746)
Can a public employer avoid binding arbitration and the terms of a collective bargaining agreement that governs an employee’s “discharge” by entering into individual contracts with employees that authorize the employer to “terminate” the employee at will?
Certification granted: 2/23/06
Argued: 10/30/06
Decided: 10/29/07

A-94/95-05 State v. Rahmil O’Neal (58,649)
Was defendant entitled to a suppression hearing to determine whether the police officer was justified in frisking him; and was defendant’s statement inadmissible because his Miranda rights were violated?
Certification granted: 2/16/06
Argued: 10/31/06
Decided: 5/22/07

A-93-05 Tarus v. Borough of Pine Hill (58,878)
Were these municipal officials liable to plaintiff based on a violation of plaintiff’s right under the State Constitution or the common law to videotape these public Council meetings?
Certification granted: 2/16/06
Argued: 10/31/06
Decided: 3/7/07

A-92-05 Wiese v. Dedhia (58,549)
Is a party entitled to an award of counsel fees from the Appellate Division for successfully opposing an appeal where the judgment on appeal includes an award of counsel fees under the Offer of Judgment Rule ( Rule 4:58)?
Certification granted: 2/9/06
Argued: 10/11/06
Decided: 12/13/06

A-91-05 Liberty Surplus Insurance Company, Inc.. v. Nowell Amoroso, P.A. (58,790)
In this action for coverage under a professional malpractice insurance policy, did the lower courts properly apply the subjective standard in granting summary judgment to the insurer under a provision that excluded coverage for acts or omissions before the policy’s effective date if the insured had a reasonable basis to believe that it had breached a professional duty or that a claim would be made against it; and did the Appellate Division err in denying the insured’s motion to supplement the record with information obtained in the pending malpractice action?
Certification granted: 2/9/06
Argued: 10/10/06
Decided: 2/28/07

A-90-05 Dziuba v. Fletcher (59,005)
Is an individual’s claim for non-economic damages sustained while a passenger in an automobile accident barred by N.J.S.A. 39:6A-4.5(a) where, at the time of the accident, the individual was the owner of an uninsured automobile that was not involved in the accident?
Certification granted: 3/16/06
Argued: 9/11/06
Decided: 10/12/06

A-89-05 Lanco, Inc. v. Director, Div. of Taxation (58,542)
Can New Jersey tax a foreign corporation under the Corporation Business Tax Act if the corporation has no physical presence in the State and derives its income from a New Jersey source under a license agreement with another corporation that conducts a retail business in the State?
Certification granted 1/31/06
Argued: 9/12/06
Decided: 10/12/06

A-88-05 State v. Brian Samuels (58,804)
Was the State’s circumstantial evidence of an agreement sufficient to support the jury’s guilty verdict for the crime of conspiracy to commit armed robbery; and did the trial court’s jury instructions on vicarious liability for the conduct of a co-conspirator constitute plain error?
Certification granted: 1/31/06
Argued: 9/26/06
Decided: 1/31/07 

A-87-05 New Jersey Manufacturers Insurance Co. v. Delta Plastics Corp. (58,624)
Did the exclusion in this employer's liability insurance policy for bodily injury "intentionally caused or aggravated by the employer" preclude coverage in an action by an employee alleging injuries sustained as the result of the employer providing defective machinery or altering machinery to render it unsafe?
Appeal as of right
Argued: 9/25/06
Decided: 12/4/06

A-85/86 Mount Laurel Township v. MiPro Homes, LLC (58,459)
Can a municipality use the power of eminent domain to acquire property for the purpose of preserving open space and slowing residential development?
Certification granted: 1/19/06
Argued:   5/1/06
Decided: 12/7/06

A-83-05 Carmona v. Santiago (58,782)
In this complaint by an employee alleging retaliation in violation of the Law Against Discrimination after the employee filed an internal complaint of discrimination, was the trial court required to instruct the jury that the complaint must be reasonable and made in good faith to constitute protected activity?
Certification granted: 1/20/06
Argued: 9/11/06

Decided: 2/21/07

A-82-05 New Jersey Transit Bus Operation, Inc. v. Amalgamated Transit Union (58,675)
Did the appellate court apply the appropriate standard of review in reversing this arbitration award on grounds that the arbitrator exceeded the scope of his authority under the parties' collective bargaining agreement?
Certification granted: 12/19/05
Argued:   5/2/06
Decided: 7/18/06

A-81-05 State v. Lewis B. Morrison (58,543)
Can an individual who jointly purchases and shares the cost of drugs with another person be liable for distributing the drugs to that person or for that person's death under the drug induced death statute, N.J.S.A. 2C:35-9?
Certification granted: 12/19/05
Argued:  5/1/06
Decided: 7/26/06

A-80-05 Basil v. Wolf, M.D. (58,503)
Can an employee maintain a tort action against his employer's workers' compensation insurer claiming vicarious liability for the negligence of a doctor hired by the insurer as an independent contractor?
Certification granted: 12/19/05
Argued: 9/11/06
Re-Argued: 5/1/07
Decided: 12/11/07

A-79-05 Board of Education of the Borough of Alpha v. Alpha Education Association (58,442)
In this appeal of a public sector arbitration decision, did the appellate court apply the appropriate standard of review in reversing the arbitrator's determination that the grievance was timely under the parties' collective bargaining agreement?
Certification granted: 12/19/05
Argued: 9/11/06
Decided: 12/21/06

A-78-05 State v. Donald Loftin (56,186)
Capital cause, appeal from denial of petition for post-conviction relief.
Appeal as of right
Argued: 10/31/06
Decided: 6/05/07

A-77-05 State v. Anthony DiFrisco (57,254)
Capital cause, appeal from denial of petition for post-conviction relief.
Appeal as of right
Argued:  1/31/06
Decided: 7/5/06

A-76-05 Marshall v. Klebanov, M.D. (58,287)
Is defendant protected from liability in these circumstances by the immunity afforded mental health practitioners for a patient's suicide under N.J.S.A. 2A:62A-16?
Appeal as of right
Argued: 4/3/06
Decided: 7/26/06

A-75-05 Charles Beseler Co. v. O'Gormen & Young, Inc.
Did the exclusion in this employer's liability insurance policy for bodily injury "intentionally caused or aggravated by the employer" preclude coverage in this action by an employee alleging injuries sustained as the result of the employer's conduct disabling or removing protective guards from machinery?
Certification granted:  11/17/05
Argued: 9/25/06
Decided: 12/4/06

A-74-05 IMO Anthony F. Puglisi, Jr. (58,315)
Can the final year of this employee's salary be used in calculating his pension under the Police and Firemen's Retirement System in these circumstances?
Certification granted:  11/17/05
Argued:  4/4/06
Decided:  5/17/06

A-73-05 In re: Lead Paint Litigation (58,531)
Can plaintiffs, local government entities, file suit against the manufacturers and distributors of lead paint based on the theory of public nuisance?
Certification granted:  11/17/05
Argued: 11/28/06
Decided: 6/15/07

A-72-05 State v. Clayton Webster (58,088)
Did defendant's assigned counsel in this post-conviction relief proceeding violate Rule 3:22-6(d) by failing to advance all issues raised by defendant?
Certification granted:  11/30/05
Argued:   5/2/06
Decided: 7/12/06

A-71-05 Feldman v. Hunterdon Radiological Associates (58,516)
Could plaintiff, a medical doctor and shareholder of a professional association with five other doctors, be considered an "employee" who could bring a claim against the association under the Conscientious Employee Protection Act?
Certification granted:  11/17/05
Argued: 4/3/06
Decided: 7/5/06

A-70-05 State v. John O'Hagen (58,570)
Is the DNA Act, which requires a person convicted of a crime to provide a blood sample for DNA testing and storage of the result in a DNA databank, constitutional in its application to a person convicted of drug possession?
Certification granted:  11/10/05
Argued: 9/26/06
Decided: 1/24/07

A-69-05 Tlumac v. High Bridge Stone (58,514)
Was this employee's workers' compensation claim for injuries sustained while operating a truck barred by the defense of intoxication where the evidence showed the employee's alcohol blood level was between .10 and .13 percent at the time of the accident?
Certification granted:  11/9/05
Argued: 3/20/06
Decided: 7/19/06

A-68-05 Lewis v. Harris (58,389)
Does the New Jersey Constitution require the State to allow same-sex couples to marry?
Appeal as of right
Argued:  2/15/06
Decided: 10/25/06

A-67-05 State v. Afrim Marke (58,473)
Did the State satisfy its burden of proof on the charge of driving while intoxicated with evidence that included the testimony of the police officer that defendant was very lethargic, dazed, and confused after the motor vehicle accident, and a blood test that was positive for methadone?
Certification granted:  11/10/05
Argued:   5/1/06
Improvidently granted. Order 7/20/06

A-65-05 State in the Interest of J.A. (58,622)
Was the family court required to consider this juvenile's competency prior to involuntarily waiving him to adult court?
Leave to appeal granted:  11/3/05
Argued:  2/14/06
Decided: Dismissed

A-64-05 Olivieri v. Y.M.F. Carpet, Inc. (58,413)
Did the prior ruling of the Division of Unemployment that this employee was terminated have preclusive effect in the employee's subsequent action alleging a violation of the Conscientious Employees' Protection Act, such that the employer cannot claim that the employee left her position voluntarily?
Certification granted:  11/3/05
Argued:  2/14/06
Decided:  5/17/06

A-63-05 In re Verified Petition of Michael G. Venezia (58,220)
Does the newsperson's privilege established under N.J.R.E. 508 apply under the circumstances presented?
Certification granted:  11/3/05
Argued: 4/3/06
Decided: 6/13/07

A-62-05 State v. Wayne E. Chapland (58,447)
Was the trial court's use of the Model Jury Charge on first-degree robbery sufficient given the contradictory testimony about whether defendant possessed a weapon or simulated possession of a weapon?
Certification granted:  11/3/05
Argued: 4/4/06
Decided: 7/13/06

A-60/61-05 State v. Charles S. Thomas (58,446)
Did the trial court commit plain error by failing to charge hindering apprehension as a lesser included offense to the robbery charge based on defendant's theory that he only drove the getaway car, and was unaware that his codefendant planned a robbery?
Certification granted:  10/25/05
Argued: 3/21/06
Decided: 6/28/06

A-59-05 Maimone v. Atlantic City (58,424)
In this action alleging a violation of the Conscientious Employees' Protection Act, were plaintiff's allegations adequate to survive defendant's summary judgment motion?
Certification granted:  10/25/05
Argued:   3/6/06
Decided: 7/20/06

A-58-05 IMO Registrant T.T. (58,529)
Where a juvenile is adjudicated delinquent for an act of penetration with a foreign object that would constitute aggravated sexual assault if committed by an adult, is the State required to demonstrate that the act was sexual in nature to trigger registration and notification under Megan's Law?
Certification granted:  10/20/05
Argued: 4/4/06
Reargued: 9/11/06
Decided: 10/3/06

A-57-05 Mansoldo v. State of New Jersey (58,344)
Where State flood regulations barred development on these two lots that had been zoned for residential use, what is the proper method for determining the amount of compensation to be paid the property owner?
Certification granted: 10/20/05
Argued: 3/20/06
Decided: 6/5/06

A-56-05 Potente v. County of Hudson (58,194)
Was plaintiff entitled to a directed verdict on his complaint alleging a violation of the Law Against Discrimination; and can a public entity be liable for prejudgment interest on such a claim?
Certification granted:  10/20/05
Argued: 3/6/06
Decided: 6/6/06

A-55-05 Franklin Mutual Insurance Co. v. GPU, Inc. (58,342)
Is an electric utility company protected by immunity from subrogation actions by insurers of the utility's customers alleging a failure to provide electricity?
Certification granted:  10/20/05
Argued: 3/7/06
Decided: 7/27/06

A-54-05 IMO Suspension of the License of Kenneth Zahl, M.D.(58,219)
Did the Appellate Division improperly substitute its judgment for that of the Board of Medical Examiners in holding that the sanction of license revocation was excessive?
Certification granted: 10/20/05
Argued:  3/6/06
Decided: 4/26/06

A-53-05 State v. Daniel Delgado (58,312)
Was law enforcement required to maintain records of these eyewitnesses' inability to identify defendant or his vehicle in order to make use of the witnesses' subsequent out-of-court identifications of defendant?
Certification granted:  10/20/05
Argued: 3/21/06
Decided: 7/31/06

A-52-05 State v. Saleem Crawley (58,340)
Where police officers, in response to an anonymous tip about criminal activity, requested defendant to stop and answer some questions because he matched the description provided in the tip, can defendant be found guilty of obstruction for running away?
Certification granted:  10/12/2005
Argued:   2/15/06
Decided: 7/24/06

A-51-05 State v. G.C. (58,146)
Was the trial court's inquiry of this child victim sufficient to establish the victim's capacity to testify as well as the credibility of the victim's out-of-court statements?
Certification granted:  10/12/05
Argued: 4/3/05
Decided: 7/24/06

A-50-05 State v. Porfirio Jimenez (58,521)
Where the defendant in a capital case makes a colorable claim of mental retardation, must the State prove beyond a reasonable doubt that the defendant is not mentally retarded before the death penalty can be imposed?
Leave to appeal granted:  10/11/05
Argued:  11/29/05
Decided: 10/24/06

A-49-05 State v. Jose A. Lopez (58,334)
Can a defendant be found guilty of robbery if the intent to steal is not formed until after the victim is forcibly disabled? If defendant's conviction must be reversed, is the State entitled to retry defendant on the robbery charge?
Certification granted:  10/7/05
Argued: 3/7/06
Decided: 6/1/06

A-48-05 New Jersey Division of Youth and Family Services v. S.S. (58,147)
Do DYFS or the courts have an affirmative duty to ensure that siblings maintain contact after adoption?
Certification granted:  10/11/05
Argued: 3/7/06
Decided: 7/18/06

A-47-05 State v. Miguel Figueroa (57,984)
Was defendant entitled to represent himself, at least in respect of cross-examination of the State's witnesses, in this capital murder trial?
Certification granted:  10/7/05
Argued:  3/20/06
Decided:  5/31/06

A-46-05 Malinowski v. Jacobs (58,386)
Should the decision in Simon v. Rando, 374 N.J. Super. 147 (App. Div. 2005), cert. granted 183 N.J. 585, which prohibits redemption by a party acquiring an interest in real property after a complaint to foreclose has been filed by the holder of tax sale certificates, be applied prospectively only?
Appeal perfected:  10/3/03
Argued:  11/29/05
Decided: 1/29/07

A-44-05 Delta Funding Corp. v. Harris (58,437)
Is the arbitration agreement in this mortgage transaction, which prohibits the homeowner from participation in any class actions, unconscionable under New Jersey law?
Certification granted:  9/29/05
Argued:   2/14/06
Decided: 8/9/06

A-43-05 State v. Chris Thomas (58,294)
Was defendant's sentence to an extended term as a persistent offender under N.J.S.A. 2C:43-6(f) authorized under these circumstances?
Certification granted:  9/29/05
Argued:  11/30/05
Decided: 8/2/06

A-42-05 State v. Keith R. Domicz (58,037)
Was the evidence seized in this consent search of a residence subject to suppression because police accessed electrical power usage records and then entered through a gate into the property's backyard without securing a search warrant based on probable cause?
Certification granted:  9/29/05
Argued: 3/21/06
Decided: 9/20/06

A-41-05 Johnson v. Dobrosky, M.D. (58,033)
Was the decedent's conviction of welfare fraud admissible on the question of damages in this wrongful death claim?
Certification granted:  9/30/05
Argued: 3/7/06
Decided: 7/25/06

A-39-05 Muhammad v. County Bank of Rehoboth Beach (58,430)
Are the provisions in these payday loan contracts requiring arbitration of all claims and barring participation in class actions unconscionable and therefore unenforceable?
Leave to appeal granted:  9/21/05
Argued:   2/14/06
Decided: 8/9/06

A-38-05 McLean v. North Regional Fire & Rescue Service (58,229)
Were plaintiffs' claims that their non-promotion to fire officers resulted from discrimination on the grounds of political affiliation barred by the doctrine of collateral estoppel because of the prior proceedings before the Merit System Board?
Certification granted:  9/21/05
Argued:   2/14/06
Improvidently granted. Order 3/8/06

A-37-05 Bender v. Adelson, M.D. (58,101)
Were defendants in this medical malpractice action entitled to a new trial because of the allegedly improper arguments of plaintiff's counsel in closing and because of the trial court's refusal to allow defendants to serve expert reports out of time?
Certification granted:  9/21/05
Argued:  3/20/06
Decided: 7/19/06

A-36-05 State v. John Martini, Sr. (57,756)
Capital cause. Appeal from denial of petition for post-conviction relief.
Argued: 3/21/06
Decided: 7/25/06

A-35-05 Thomsen v. Mercer (58,077)
Where an insured is covered by two insurance policies and one of the insurers is insolvent, is the State Property-Liability Insurance Guaranty Association entitled to a setoff for the amount payable from the solvent insurer, even when the insured's claim far exceeds the coverage limits of the solvent insurer's policy?
Appeal perfected: 9/13/05
Argued: 1/30/06
Decided:  6/19/06

A-34-05 State v. Boris Boretsky (58,246)
Did defendant invoke his right to counsel when he met police while they were responding to a "9-1-1" call to assist a woman, defendant's wife, who had suffered stab wounds, and defendant, who was holding a telephone, claimed his attorney was on the phone and requested that police officers speak with the attorney?
Leave to appeal granted:  9/12/05
Argued:   10/11/05
Decided:   4/5/06

A-33-05 Prado v. State of New Jersey (57,887)
Is the Attorney General required by N.J.S.A. 59:10-1 to provide legal representation to this employee who was named as a defendant in this LAD and CEPA action under the circumstances presented?
Leave to appeal granted: 9/12/05
Argued:   1/17/06
Decided:
  5/8/06

A-32-05 Gazis v. Miller (58,181)
Does the usual rule that requires an insurer to show prejudice in order to deny coverage based on a late notice of claim apply to this risk retention group, an entity that issued excess indemnity insurance to its members, where the insured had contracted with an insurance professional to be responsible for such notices?
Certification granted:  9/12/05
Argued: 2/15/06
Decided: 3/20/06

A-31-05 State v. Justin Bealor (58,051)
Is marijuana intoxication a matter of sufficient common knowledge to allow the State to prove intoxication solely through the testimony of a police officer relating defendant's behavior?
Certification granted: 9/12/05
Argued:   5/1/06
Decided: 7/20/06

A-30-05 Infinity Broadcasting Corp. v. N.J. Meadowlands Commission (58,050)
Can this legal challenge to the Meadowlands Commission's adoption of a redevelopment plan begin in the Superior Court, Appellate Division, under Rule 2:2-3(a)(2)?
Certification granted: 9/12/05
Argued: 1/17/06
Decided: 6/27/06

A-29-05 Conway v. 287 Corporate Center (58,128)
In this dispute regarding a retainer agreement for legal services, were the trial court's evidentiary rulings, which included the admission of certain parol evidence, proper?
Certification granted: 9/12/05
Argued:  1/30/06
Decided: 7/13/06

A-25/26/27/28-05 State v. Molina and other related Cases (58,163/58,164/58,165/58,166)
Did defendants establish that they made timely requests of their attorneys to file appeals that would allow them to file their notices of appeal late?
Leave to appeal granted:  7/22/05
Argued: 5/2/06
Decided: 7/12/06

A-24-05 The Tax Authority, Inc. v. Jackson Hewitt (58,097)
Does RPC 1.8(g), which limits the participation of a lawyer who represents multiple clients in making an aggregate settlement of claims, preclude the enforcement of this settlement agreement under the circumstances?
Certification granted:  7/22/05
Argued:   1/18/06
Decided:   5/31/06

A-22-05 Albrecht v. Department of Corrections (57,419)
What is the responsibility and authority of the Department of Corrections to resolve an inmate's allegations of errors in his medical records and in his medical treatment?
Certification granted: 7/22/05
Argued: 11/28/06
Decided: 2/27/07

A-20/21-05 In re Adoption of N.J.A.C. 7:26E-1.13 (57,958)
Is the Department of Environmental Protection's regulation establishing the ground water remediation standard for the cleanup of contaminated sites authorized under the Brownfield and Contaminated Site Remediation Act?
Certification granted:  7/18/05
Argued: 1/31/06
Decided: 2/28/06

A-19-05 Notte v. Merchants Mutual Insurance Co. (58,066)
Where plaintiff's original complaint alleging violations of the Conscientious Employee Protection Act was barred by the one year statute of limitations period, did Rule 4:9-3 allow plaintiff to amend the complaint by adding claims under the Law Against Discrimination that could be deemed timely-filed only if they "relate back" to the date of filing of the original complaint?
Leave to appeal granted:  7/11/05
Argued:   11/7/05
Decided:  1/12/06

A-18-05 State v. Maurice Pierce (58,060)
Was defendant's extended term sentence of 40 years, 16 years without parole, for the crime of first-degree robbery excessive?
Certification granted: 9/13/05
Argued:  11/30/05
Decided: 8/2/06

A-17/45-05 Hojnowski v. Vans Skate Park (57,845)
Is this pre-tort release of claims executed by a parent on behalf of her minor child, which release was required for the child to use this private skateboarding facility, enforceable to preclude the child's tort claims?
Certification granted:  7/11/05
Argued:  1/30/06
Decided: 7/17/06

A-16-05 Ryan v. American Honda Motor Co. (57,875)
Does the Magnuson-Moss Warranty Federal Trade Commission Improvement Act allow a person who leases a new car to file an action for breach of warranty or is the Act limited in application to the purchase of a new car?
Certification granted:  7/11/05
Argued:   1/18/06
Decided: 2/27/06

A-15-05 Curiazza v. Board of Trustees of the PERS (57,936)
Did this municipal employee's slip and fall down a 13-stair stairway at the municipal building constitute a "traumatic event" under N.J.S.A. 43:15A-43 that made him eligible for accidental disability benefits?
Certification granted:  7/11/05
Argued:   1/18/06
Improvidently granted. Order 2/17/06

A-13/14-05 State v. Josephine Castagna (57,882)Does a defendant have a constitutional right to cross-examine a State's witness with the results of the witness's polygraph test where the witness entered into an agreement with the State stipulating as to the admissibility of the test?
Certification granted:  7/11/05
Argued: 3/6/06
Decided: 7/17/06

A-12-05 IMO the Estate of Theodore M. Payne (57,864)
Were the plaintiff-beneficiary's proofs sufficient to establish the decedent's probable intent to pass certain real property free and clear of its mortgage debt?
Certification granted:  7/11/05
Argued: ;1/4/06
Decided:  4/20/06

A-11-05 State v. John Denofa (57,742)
In this murder trial, was the trial court required to charge the jury on subject matter jurisdiction - that the crime had to be committed in New Jersey for a guilty verdict - even though defendant had presented no proofs regarding the locus of the crime, had not requested such a charge, and had not raised the issue of jurisdiction prior to appeal?
Certification granted:  7/11/05
Argued:   1/17/06
Decided: 6/5/06

A-10-05 State v. Anthony Mahoney (57,736)
Was defendant, an attorney convicted of theft by failure to make proper disposition of property and forgery, entitled to a new trial because of the trial court's limitations on defendant's proffered character testimony, the trial court's jury instructions on the proper use of the rule regarding an attorney's bookkeeping responsibilities, and the prosecutor's use of a hypothetical scenario during summation?
Certification granted:  7/11/05
Argued:   1/31/06
Decided:   4/19/06

A-9-05 Gaynell Gac v. Paul Gac (57,514)
Can this father be compelled to contribute to paying back a portion of his daughter's college loans where the father has had no relationship with his daughter since she was five years old?
Certification granted:  7/11/05
Argued:   1/30/06
Decided:   5/18/06

A-8-05 Caballero v. Martinez (57,863)
Is an undocumented alien a resident of the State and therefore eligible to collect benefits from the Unsatisfied Claim and Judgment Fund for injuries sustained in an automobile accident?
Appeal perfected:  7/13/05
Argued:  11/7/05
Decided:  5/18/06

A-7-05 IMO Commitment of M.M. (57,937)
Where a person is found not guilty of a crime by reason of insanity, does N.J.S.A. 2C:4-8b(3) require the commitment of that person for a period equal to the maximum sentence for the crime without regard to aggravating or mitigating factors?
Certification granted:  6/22/05
Argued:  1/3/06
Decided:
 1/26/06

A-6-05 State v. Justin Cannarella (57,752)
Does the statutory provision that elevates a simple assault on a teacher to aggravated assault, N.J.S.A. 2C:12-1b(5)(d), apply to an assault committed in a private school?
Certification granted:  6/22/05
Argued:
 1/3/06
Decided: 1/31/06

A-5-05 Johnson v. Braddy (57,853)
Can a defendant who is a holder of an insurance policy issued by an insolvent insurance company be held personally liable for the amount of any judgment in excess of the maximum coverage available through the Insurance Guaranty Association?
Leave to appeal granted:  6/9/05
Argued: 1/3/06
Decided: 2/1/06

A-4-05 Steinberg v. Liberty Science Center, Inc. (57,692)
In a products liability case where the defendant manufacturer claims the alternative design proposed by plaintiff would compromise product utility, can plaintiff present evidence of a post-accident design change incorporating the alternative design to rebut the "utility" defense?
Certification granted:  6/9/05
Argued:   1/4/06
Order of Affirmance. Order 2/3/06

A-3-05 Randolph Town Center v. County of Morris (57,686)
Is a governmental entity that obtains a prescriptive easement required to pay compensation to the property owner?
Certification granted:  6/9/05
Argued: 1/18/05
Decided: 2/27/06

A-2-05 State v. Carmelo Herrera (57,732)
Was the victim's show-up identification of defendant at the hospital unduly suggestive, resulting in a substantial likelihood of misidentification?
Certification granted:  6/9/05
Argued:   1/31/06
Decided: 6/20/06

A-138-04 IMO Alleged Non-Compliance by RCN of NY (57,617)
Under the circumstances presented, does this satellite master antenna television system (SMATV) constitute a 'cable system' under 47 U.S.C.A. § 5227(7), thereby making it subject to the jurisdiction of the Board of Public Utilities?
Certification granted:  5/25/05
Argued:   11/30/05
Decided:  3/1/06

A-135-04 Ramapo River Reserve Homeowners Association v. Borough of Oakland (57,693)
Does the Municipal Services Act, N.J.S.A. 40:67-23.2 to -23.8, prohibit a municipality from enforcing a provision in an agreement with a developer of a qualified private community that requires the developer to provide snow and ice removal until the developer has completed all public improvements?
Certification granted:  5/25/05
Argued:   11/29/05
Decided: 3/13/06

A-134-04 American Fire and Casualty Co. v. New Jersey Division of Taxation (57,777)
In calculating the insurance retaliatory tax due under N.J.S.A. 17:32-15, is the Division of Taxation required to exclude consideration of the lower New Jersey premium tax the insurance company may pay under N.J.S.A. 54:18A-6?
Certification granted:  5/25/05
Argued: 11/30/05
Decided: 10/19/06

A-131-04 Pasqua v. Hon. Gerald J. Council (56,944)
Must an attorney be appointed to represent an indigent child support obligor who faces incarceration?
Certification granted:  5/12/05)
Argued:  10/24/05
Decided: 6/8/06

A-129/130-04 Williams v. State of New Jersey (57,670)
Is N.J.S.A. 2B:10A1 to -3, which establishes a 'Probation Officer Community Safety Unit' within the judiciary comprised of probation officers who are authorized to carry a firearm and to enforce the criminal laws of the State, void as an unconstitutional violation of the separation-of-powers clause of the State Constitution?
Certification granted:  5/12/05
Argued:   1/4/06
Decided:   4/19/06

A-124-04 Perez v. Rent-A-Center, Inc. (57,572)
Are the terms of this rent-to-own contract covered by either the Retail Installment Sales Act, N.J.S.A. 17:16C-1 to -61, or the criminal usury statute, N.J.S.A. 2C:21-19?
Certification granted:  5/3/05
Argued:   11/7/05
Decided:   3/15/06

A-121/122-04 Richard Simon, Trustee v. Rando (57,445)
May one acquire and redeem an interest in real property after a complaint to foreclose has been filed by the holder of tax sale certificates under N.J.S.A. 54:5-98 and Rule 4:64-6(b)?
Certification granted:  5/3/05
Argued:  11/29/05;
Reargued: 9/12/06

Decided: 1/29/07

A-120-04 Fitzgerald v. Stanley Roberts, Inc. (57,183)
In this complaint alleging sexual harassment under the Law Against Discrimination, did the trial court err in prohibiting the defense from calling an expert originally designated by plaintiff as one of her experts, and in excluding the testimony offered by defendants about plaintiff's character for untruthfulness?
Certification granted:  5/3/05
Argued: 10/25/05
Decided:
4/20/06

A-119-04 Fitzgerald v. Todd Coddington Stables (56,931)
Is this employee of a horse trainer covered by the workers' compensation insurance policy of the trainer or by the New Jersey Horse Racing Injury Compensation Board under N.J.S.A. 34:15-135?
Certification granted:  5/3/05
Argued:   10/11/05
Decided:  1/25/06

A-117-04 Puckrein v. ATI Transport (57,408) Where a waste collection and recycling company hires an independent trucking contractor for hauling waste and recycling materials, and the trucking contractor, in violation of the contract, subcontracts some of the work to an entity that operates unregistered, uninsured, and unsafe vehicles, can the company be held liable to third parties injured by one of the subcontractor's vehicles?
Certification granted:  4/8/05
Argued:   10/11/05
Decided:   5/22/06

A-116-04 In Re NJPDES Permit No. NJ0025241 (57,370)
Do third parties have a right to an adjudicatory hearing to review applications under the Water Pollution Control Act (WPCA), or is the right to such a hearing limited to applicants only.
Certification granted:  4/8/05
Argued:   9/27/05
Decided:  1/11/06

A-115-04 IMO Freshwater Wetlands Statewide General Permits (57,202)
Do third parties have a right to an adjudicatory hearing to review applications under the Freshwater Wetlands Protection Act (FWPA), or is the right to such a hearing limited to applicants only?
Certification granted:  4/8/05
Argued:   9/27/05
Decided:  1/11/06

A-114-04 State v. Anthony Nesbitt (57,480)
In this criminal trial on drug charges, could the State's expert testify as to his personal opinion that a hypothetical transaction like the one observed here fits a pattern of drug transactions?
Certification granted:  4/8/05
Argued:   10/25/05
Decided:  1/12/06

A-112/113-04 State v. Walter Townsend (57,412)
Was the testimony of the State's expert that battered women commonly lie to protect their abuser admissible, and was the trial court required to give the jury an instruction on the limited use of such testimony?
Certification granted:  3/29/0
Argued:  10/25/05
Decided:  5/15/06

A-111-04 Aqua Beach Condominium Association v. Department of Community Affairs (57,543)
Was the Association's claim under the New Home Warranty Program, established by N.J.S.A. 46:3B-1 to -12, subject to dismissal because the Association failed to secure prior authorization for repairs of major structural defects?
Certification granted:  3/30/05
Argued: 9/28/05
Decided: 1/18/06

A-107/108-04 County of Essex v. First Union National Bank (57,380)
Where a commercial bank bribes a public official to obtain underwriting privileges on bond offerings, is the bank required to return to the public entity all underwriting fees paid on the bond issues regardless whether the bank distributed a portion of those fees to other underwriters?
Certification granted:  3/23/05
Argued:  10/11/05
Decided:  1/26/06

A-106-04 N.J. Lawyers's Fund for Client Protection v. Pace (57,429)
In this litigation against a bank for conversion of a negotiable instrument, does the statute of limitations period begin to run at the time of conversion or does the time of discovery rule apply to toll the limitations period?
Certification granted:  3/23/05
Argued:  9/28/05
Decided: 3/7/06

A-99-04 Loigman v. Committee of the Twp. of Middletown (57,040)
Were the defendants entitled to absolute immunity in this §1983 action based on the Township attorney's actions in seeking to have plaintiff sequestered from proceedings before the Office of Administrative Law? Was plaintiff entitled to counsel fees where the jury verdict did not include an award of money damages and where plaintiff appeared in the litigation pro se and retained an attorney to assist him?
Certification Granted:  3/10/05
Argued:  10/12/05
Decided: 1/18/06

A-95-04 State v. William Eckel (57,371)
Was this warrantless search of the motor vehicle justified as incident to defendant's arrest?
Certification Granted:  3/11/05
Argued:  9/13/05
Decided: 1/10/06

A-85-04 State v. Bruce Birkenmeier (56,911)
Did police have a reasonable basis to justify the stop of defendant's vehicle, the subsequent arrest of defendant, and the search of his vehicle, based on the tip of a confidential informant that defendant would be transporting drugs from his home at the specified time where the informant was the source of one prior tip that led to a narcotics arrest?
Certification Granted:  1/28/05
Argued:   10/11/05
Decided:  1/19/06

A-80/81-04 State v. Johnel D. Dunlap (56,809)
Was this warrantless search of the motor vehicle justified as incident to defendant's arrest?
Certification Granted:  1/19/05
Argued:  9/13/05
Decided: 1/10/06

A-37-04 State v. Brian Wakefield
Capital Case; direct appeal from murder conviction and death sentence.
Argued: 10/12/05
Decided: 5/7/07

A-25-04 State v. David Cooper (55,553) - Remanded to Trial Court
Capital appeal, denial of post-conviction relief.
Appeal as of Right
Argued:  3/29/05
Decided:
2/7/08

A-19-04 NPC Litigation Trust v. KPMG, LLP (56,442)
In this action by shareholders against the corporation's auditor alleging negligence and malpractice, did the auditor materially participate in the fraud of the corporate officers so that the officers’ fraud is not imputed to the shareholders?
Certification granted:  7/12/04
Argued: 1/3/05
Decided: 6/28/06

A-17-04 Hardwicke v. American Boychoir School (56,301)
Does the Charitable Immunity Act protect the defendant institution from this complaint under the Child Sexual Abuse Act?
Leave to appeal granted: 6/30/04
Argued:  11/29/04
Decided: 8/8/06

A-6-04 Szalontai v. Yazbo's Sports Café (55,566)
In this action for negligence against multiple defendants for injuries sustained when plaintiff fell into a sinkhole in a parking lot, was dismissal of plaintiff's case appropriate where plaintiff failed to conduct any depositions or produce an expert report regarding the cause of the sinkhole during the extended discovery period, and plaintiff requested further discovery only after losing in arbitration?
Certification granted:  6/17/04
Argued:  11/29/04
Decided: 1/31/06

A-63-03 State v. Sean Kenney (formerly Richard Feaster)
Capital cause, post-conviction relief.
Argued: 3/20/07
Decided:
2/7/08

 
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