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Supreme Court Agendas Court Year 2015-2016

(most recent at top)

June 21, 2016 [+]

10 a.m.

12:30 p.m.

D-99-15 In the matter of Mark G. Legato (077464)

D-100-15 In the matter of Regan C. Kenyon, Jr. (077465)

D-101-15 In the matter of Alexander D. Walter (077467)

April 26, 2016 [+]

10 a.m.

A-11-15 State v. Al-Sharif Scriven (075682)
Did the officer have a justifiable basis for stopping this vehicle for suspected violation of the high beam statute, N.J.S.A. 39:3-60?

A-6-15 Rosenthal & Rosenthal, Inc. v. Vanessa Benun (076266)
In this foreclosure action involving two creditors, did the mortgage secured by respondent in 2007 have priority over appellant's two earlier, recorded mortgages, where appellant continued to make optional advances to the mortgagor after having actual notice of respondent's mortgage?

1 p.m.

A-65-14 State v. Rafael Gonzalez-Santana (075150)
Should co-defendant's testimony at the suppression hearing, or any part thereof, have been admitted at defendant's trial as a statement against interest; and should defendant have been allowed to inform the jury of that co-defendant's flight?

A-26-15 Lawrence J. Dalton v. Shanna Lynn Corp. (076522)
If the Department of Environmental Protection fails to take action, does a plaintiff who has not expended investigative or remedial costs have standing under the Environmental Rights Act (ERA) to enforce the provisions of the Spill Act?

April 25, 2016 [+]

10 a.m.

A-13/14-15 Cypress Point Condominium Association, Inc. v. Adria Towers, LLC (076348)
In this dispute regarding insurance coverage under a general contractor's commercial general liability policy, do these damages constitute "property damage" and an "occurrence" where subcontractors' defective work caused consequential damages to the common areas of a condominium complex and to the unit owners' property?

1 p.m.

A-73-14 Brenda Ann Schwartz v. Accuratus Corporation (076195)
Does the premises liability rule set forth in Olivo v. Owens-Illinois, Inc., 186 N.J. 394 (2006), extend beyond providing a duty of care to the spouse of a person exposed to toxic substances on the landowner's premises, and, if so, what are the limits on that liability rule and the associated scope of duty?

A-10-15 Lamar Williams v. American Auto Logistics (076004)
Under the circumstances presented, was appellant denied his right to a jury trial on his Special Civil complaint seeking compensatory damages?

2 p.m.

D-75-15 In the matter of Roland G. Hardy, Jr. (077261)

April 12, 2016 [+]

10 a.m.

A-39-15 In the Matter of the Adoption of a Child by J.E.V. & D.G.V. (076767)
In a private adoption matter, does an indigent parent facing termination of parental rights under New Jersey's Adoption Act have a right to appointed counsel?

A-66-14 State v. William Haas (075834)
In this matter involving defendant's third conviction for driving while intoxicated, was defendant entitled to jail credits for the 149-days that he was restricted to his home (with limited exceptions) as a condition of a stay of his custodial sentence?

1 p.m.

A-69-14 Rachel A. Parsons v. Mullica Township Board of Education (075859)
Were defendants, the Board of Education and a registered nurse/certified school nurse, entitled to immunity in this action alleging that they failed to timely notify the minor plaintiff's parents of the results of a vision screening exam?

2 p.m.

D-75-15 In the matter of Herbert Joni Tan (077260)

April 11, 2016 [+]

10 a.m.

A-56-14 In re: Reglan Litigation (075269)
Are plaintiffs' failure-to-warn claims against manufacturers of a generic prescription drug preempted by federal law?

A-4-15 State in the Interest of N.H. (076316)
In this juvenile matter, where seventeen-year-old N.H. was charged with offenses which, if committed by an adult, would constitute purposeful and knowing murder and unlawful possession of a weapon, is N.H. entitled to full and complete discovery of the State's file in advance of the hearing on waiver to adult court, pursuant to N.J.S.A. 2A:4A-26e?

1 p.m.

A-36/37-14 Northwest Bergen County Utilities Authority v. Kathleen A. Donovan (075060)
Was the County Executive authorized to veto the minutes of the Utilities Authority's meeting, which provided for a stipend and health benefits for the Authority's commissioners; and was the County Executive authorized to terminate the commissioners?

A-70-14 State v. Khalid Mohammed (075901)
Where defense counsel notified the trial court that a juror appeared to be sleeping during the court's final charge, was the court's response to counsel's notification sufficient under the circumstances?

March 15, 2016 [+]

10 a.m.

A-45-14 Stephen Meehan v. Peter Antonellis, DMD (075265)
Was plaintiff’s dental malpractice action properly dismissed for failure to comply with the Affidavit of Merit statute (N.J.S.A. 2A:53A-26 to -29)?

A-30-14 Ramon Cuevas v. Wentworth Group (075077)
Did the trial court err in denying defendants’ request for remittitur under the circumstances presented?

2 p.m.

D-21-12 In the matter of Raymond Armour (076722)

March 14, 2016 [+]

10 a.m.

A-71/72-14 Richard W. Berg v. Hon. Christopher J. Christie (074612)
Is the State of New Jersey entitled to sovereign immunity with respect to plaintiffs' federal Contract Clause claim; and do these public-employee plaintiffs have a contractual right to the payment of cost of living increases?

1 p.m.

A-3-15 State v. Dennis Welch (073976)
Is this indigent defendant entitled to representation by the Office of Public Defender on his petition for certification to the Supreme Court of New Jersey?

A-51-14 State v. June Gorthy (075009)
 In this criminal trial, was it appropriate for the court to interpose an insanity defense over defendant's objection?

March 1, 2016 [+]

10 a.m.

A-40-14 E & J Equities v. Board of Adjustment of the Township of Franklin (075207)
Was this municipal ordinance banning digital billboards constitutional and was the municipality’s denial of plaintiff’s application for a variance for such a billboard valid?

A-29-14 State v. Lee Funderburg (074760)
In the context of this jury trial for first-degree attempted murder, should the trial judge have charged the jury, sua sponte, on the lesser-included offense of attempted passion/provocation manslaughter?

1 p.m.

A-67-14 Berman, Sauter, Record & Jardim, P.C. v. Art Robinson (075583)
In this attorney malpractice action, was it proper for the Appellate Division to raise the issue of the propriety of the trial judge’s participation, and to vacate and remand the trial court’s order on that basis?

A-60-14 I.M.O. the Application for the Forfeiture of Personal Weapons & Firearms Identification Card Belonging to F.M.  (074964)
Was F.M. entitled to the return of his weapons and firearm purchaser identification (FPI) card under the circumstances presented?

2 p.m.

D-24-15 In the matter of Roger J. Weil (076781)

D-31-15 In the matter of Anne P. Cataline (076809)

D-45-15 In the matter of John F. Hamill, Jr. (076969)

Feb. 29, 2016 [+]

10 a.m.

A-61-14 State v. Gary Lunsford (075691)
Under the circumstances presented, was law enforcement required to secure a search warrant, rather than relying on a grand jury subpoena, to obtain cellular telephone billing records?

A-68-14 State v. Michael Cushing (073925)
Under the circumstances presented, did defendant’s family member(s) have actual or apparent authority to consent to a warrantless search of defendant’s bedroom closet?

1 p.m.

A-41-14 Roy Steinberg v. Sahara Sam’s Oasis, LLC (075294)
Was the waiver of liability signed by plaintiff invalid because of the defendant-amusement park’s gross negligence or because defendant violated the New Jersey Carnival-Amusement Rides Safety Act, N.J.S.A. 5:3-31 to -59?

2 p.m.

D-36-15 In the matter of John J. O’Hara, III (076889)

D-35-15 In the matter of Darryl W. Simpkins (076853)

Feb. 2, 2016 [+]

10 a.m.

A-63-14 IE Test, LLC v. Kenneth Carroll (075842)
Did the trial court properly expel defendant from membership in this limited liability company, pursuant to the Limited Liability Company Act, N.J.S.A. 42:2B-1 to -70 (the LLCA), under the circumstances presented?

A-49-14 State v. Joseph J. Mezynski (075061)
Were police authorized to stop defendant based on an anonymous tip; and, if the stop was authorized, was defendant’s statement inadmissible because he was subject to custodial interrogation before receiving Miranda warnings?

1 p.m.

A-46-14 State v. Stephen F. Scharf (074922)
In this murder trial, were the victim’s statements to her friends and her therapist, regarding her interactions with and fear of defendant, admissible under the circumstances presented?

2: p.m.

D-145-14 In the matter of George P. Stasiuk

D-1-15 In the matter of Paul G. Bultmeyer

Feb. 1, 2016 [+]

10 a.m.

A-26-14 State v. Robert J. Stein (074466)
Did the State improperly deny the defendant discovery to contest the charge of driving while intoxicated?

A-58-14 State v. Scott Robertson (075326)
In the context of DWI matters, what standard governs the court’s analysis of a motion to stay a license suspension?

1 p.m.

A-53-14 Mortgage Grader, Inc. v. Ward & Olivo, LLP (075310)
Does a partner in a law firm practicing as a limited liability partnership lose liability protection if the partnership fails to maintain professional liability insurance, as required by Rule 1:21-1C(a)(3)?

A-62-14 John J. Robertelli v. New Jersey Office of Attorney Ethics (075584)
Does the Director of the Office of Attorney Ethics have the authority to proceed with a grievance after a District Ethics Committee Secretary (with concurrence by a designated public member) has declined a grievance, pursuant to Rule 1:20-3(e)(3)?

Jan. 26, 2016 [+]

1 p.m.

A-34-14 State v. Bobby Perry a/k/a Bobby Penny (075114)
Did the trial court properly apply New Jersey's Rape Shield Law, N.J.S.A. 2C:14-7, to exclude evidence proffered by defendant regarding the victim’s sexual conduct with an unknown third party? 

Jan. 19, 2016 [+]

A-43-14 Globe Motor Company v. Ilya Igdalev (074996)
In the context of this action asserting that defendants breached the parties’ settlement agreement, were plaintiffs entitled to summary judgment under the circumstances presented?

A-59-14 State v. Rodney Alston (075461)
Should the evidence recovered from defendant’s impounded vehicle have been suppressed under the circumstances presented?

1 p.m.

A-48-14 State v. J.M., Jr. (075317)
In this criminal action, should the State be permitted to admit "other-crimes" evidence (N.J.R.E. 404(b)) concerning similar accusations made against defendant in a prior criminal action that resulted in acquittal?

A-44-14 Alexander Bardis v. Kitty Stinson (075208)

Where plaintiffs’ general liability and commercial dwelling insurance provided coverage for collapse resulting from “hidden decay,” among other losses, was damage caused by the collapse of plaintiffs’ basement wall covered under the circumstances presented?

2 p.m.

D-64-13 In the matter of Elizabeth M. Goldman (073875)

D-20-15 In the matter of Robert C. Diorio (076721)

Jan. 6, 2016 [+]

10 a.m.

A-38-14 Salvatore Puglia v. Elk Pipeline, Inc. (075171)
Are plaintiff’s Conscientious Employee Protection Act claims preempted by federal law because they required interpretation and analysis of the terms of the parties’ collective bargaining agreement?

A-35-14 IMO the Imposition of Probation on Eastwick College LPN to RN Bridge Program (074772)
Did the State Board of Nursing properly interpret and apply the term “graduating class,” N.J.A.C. 13:37-1.3(c)(2), under the circumstances presented?

Jan. 5, 2016 [+]

10 a.m.

A-39-14 State v. Lixandra Hernandez and Jose Sanchez (075444)
In this criminal case where the State’s primary evidence is the testimony of a confidential cooperating witness, is defendant entitled to information regarding that witness’s cooperation with the State in connection with other, non-related criminal cases?

A-7-15 State v. Patrick McFarlane (075938)
Was defendant’s sentence, imposed following his trial and conviction for first-degree murder, excessive and the result of an improper assessment of sentencing factors?

1:00 p.m.

A-33-14 Karon K. Johnson v. Roselle EZ Quick, LLC (075044)
Does the 2011 amendment to N.J.S.A. 39:6A-9.1 of the New Jersey Automobile Reparation Reform Act (No-Fault Law) apply under the circumstances presented, such that this insurer is barred from seeking reimbursement for paid personal injury protection (PIP) benefits?

Dec. 2, 2015 [+]

10 a.m.

A-32-14 Tonique Griffin v. City of East Orange (074937)
Did the trial court err in barring the testimony of a witness who claimed that her superiors directed her to lie to the person investigating plaintiffs’ claims of sexual harassment?

A-31-14 Annemarie Morgan v. Sanford Brown Institute (075074)
Under the terms of this arbitration agreement, can plaintiffs be compelled to arbitrate all claims related to their enrollment agreements, including their Consumer Fraud Act claims?

1 p.m.

A-24-14 State v. Hector Feliciano(074395)
Does the roving warrant provision of the New Jersey Wiretapping and Electronic Surveillance Control Act, N.J.S.A. 2A:156A-9(g), which allows the police to wiretap telephones not identified in the warrant application on a showing that the target has purposefully attempted to thwart interception by changing telephones, violate the particularity requirements of the New Jersey and federal constitutions?

2 p.m.

D-3-15 In the matter of Richard J. Kwasny (076553)

D-144-14 In the matter of Gerald J. Council (076315)

Dec. 1, 2015 [+]

11:30 a.m.

A-19-14 Robert Smith v. Millville Rescue Squad (074685)
Does the New Jersey Law Against Discrimination, which prohibits discrimination based upon “marital status,” bar an employer from discharging an employee because of the anticipated effect of an employee’s imminent divorce on the workplace?

1:30 p.m.

A-27-14 Sergio Rodriguez v. Raymours Furniture (074603)
Could the employer enforce a contractual provision in an employment application, by which the employee waived the two-year statute of limitations applicable to claims against the employer and shortened the period for such claims to six months?

A-47-14 State v. Saladin Thompson (074971)
Following remand proceedings ordered by the Appellate Division, did the appellate panel correctly vacate defendant’s conviction upon determining that the remand record was “too deficient” to enable appellate review?

3 p.m.

D-1-15 In the matter of Paul G. Bultmeyer (076548)

D-8-15 In the matter of Daniel B. Kelley (076600)


Nov. 10, 2015 [+]

10 a.m.

A-107-13 State v. Eugene C. Baum (073056)
Did the jury instruction on mental disease or defect effectively negate the diminished capacity defense by blending the law on self-induced intoxication and mental disease or defect?

A-116-13 Torres v. Pabon (074307)
Among other issues related to the trial of this personal injury matter, did defendant’s failure to testify justify an adverse inference charge (State v. Clawans, 38 N.J. 162 (1962)), under the circumstances presented?

1 p.m.

A-20-14 State v. Robert Goodwin (074352)
Could defendant be convicted of violating the insurance fraud statute, N.J.S.A. 2C:21-4.6a, under the circumstances presented?

2 p.m.

D-151-13 In the matter of Frank J. Cozzarelli (074742)

Nov. 9, 2015 [+]

10 a.m.

A-3-14 IMO the Estate of Adrian J. Folcher, Jr. (074590)
In the context of this probate contest, was the trial court’s award of attorneys’ fees to the estate proper where the person who exerted “undue influence” on the decedent was not in the fiduciary position of executor or trustee?

A-15-14 State v. David Bueso (074261)
In the context of this sexual assault case, did the trial judge insufficiently inquire into the child-victim’s competency to testify, and, if so, did that oversight constitute plain error requiring a new trial?

1 p.m.

A-13-14 State v. Demetrius C. Cope (074206)
Were police justified in conducting a protective sweep of defendant’s apartment under the circumstances?

Oct. 27, 2015 [+]

10 a.m.

A-16-14 Innes v. Marzano-Lesnevich (074291)
Could these attorney-defendants be held liable for attorneys’ fees as consequential damages to a non-client under Saffer v. Willoughby, 143 N.J. 256 (1996)?

A-28-14 Christina Silviera-Francisco v. Board of Education of Elizabeth (074974)
Did the Appellate Division err in determining that, in appealing a decision of the Commissioner of Education, the Board of Education was precluded from challenging a prior decision of the Commissioner that had remanded the matter to the Administrative Law Judge?

1 p.m.

A-25-14 Patricia Del Vecchio v. Township of Bridgewater (074936)
In this action alleging that the defendant-employer failed to provide a reasonable accommodation for the plaintiff-employee’s disability in violation of the Law Against Discrimination, did the trial court improperly limit the testimony of the employee’s treating physicians regarding her medical condition?

Oct. 26, 2015 [+]

10 a.m.

A-14-14 State v. Yasin Simms (074209)
Did the assumed facts of a hypothetical posed to the prosecutor’s drug expert invade the jury’s province of deciding the ultimate issues?

A-8-14 State v. Scott M. Cain (074124)
Did the assumed facts of a hypothetical posed to the prosecutor’s drug expert invade the jury’s province of deciding the ultimate issues; and was defendant denied a fair trial when the jury heard extensive testimony that police had obtained a warrant for his arrest and warrants to search his automobile and residence?

1 p.m.

A-42-14 State v. James Denelsbeck (075170)
Was this defendant, who is charged with a fourth offense of driving while intoxicated (DWI), entitled to a jury trial because of the aggregate penalties that he faced?

Oct. 14, 2015 [+]

10 a.m.

A-18-14 Templo Fuente Da Vida Corp. v. National Union Fire Insurance Company of Pittsburgh (074572)
Did the plaintiff-insured provide notice to the defendant-insurer of the claim for coverage “as soon as practicable” under the circumstances; and, if not, was the defendant-insured required to show that it was prejudiced by the late notice to avoid coverage?

A-118-13 State v. David Bass (072669)
Were the defendant’s state or federal confrontation rights violated by the testimony of an assistant medical examiner who referenced the findings of an autopsy that had been performed by a now-deceased medical examiner?

1 p.m.

A-12-14 State v. Robert McNaught (072581)
Did defendant’s attorney have a conflict of interest that deprived defendant of the effective assistance of counsel?

Oct. 13, 2015 [+]

10 a.m.

A-52-14 Sundiata Acoli v. New Jersey State Parole Board (075308)
Under the circumstances presented, was the Appellate Division required to remand for a hearing before the full Parole Board prior to ordering the release on parole of an inmate incarcerated for murder?

A-5-14 Cathleen Quinn v. David J. Quinn (074411)
Under the circumstances presented, was defendant entitled to terminate his alimony payments, pursuant to the divorce settlement agreement, based upon plaintiff’s cohabitation?

1 p.m.

A-23-14 State v. Chad Bivins (074374)
Under the circumstances presented, was defendant sufficiently connected to the “property and investigation” to authorize police to detain and search him based on a valid warrant to search the property?

2 p.m.

D-79-14 In the matter of Ksenia V. Proskurchenko (075552)

D-133-14 In the matter of Richard P. Rinaldo (076100)

Oct. 7, 2015 [+]

11 a.m.

A-115-13 State v. Richard Willis (073908)
Under the circumstances presented, was testimony of defendant’s prior act of sexual assault admissible in this sexual assault trial, pursuant to N.J.R.E. 404(b), to prove defendant’s intent?

1 p.m.

A-26/27-13 State v. Darryl Bishop; State v. Wilberto Torres (072395)
Can a defendant who is sentenced to Drug Court (special probation) be subject to a mandatory period of parole ineligibility and a mandatory extended term upon a violation of probation?

A-90-13 State v. Raymond Daniels (073504)
Under the circumstances presented, did the trial court err in issuing a renunciation charge over defendant's objection?

3:30 p.m.

A-54-13 In re: Petition for Referendum to Repeal Ordinance 2354-12 of the Tp. of West Orange (073069)
Was plaintiffs’ action challenging the municipal redevelopment ordinance time barred and, if not, was the ordinance invalid because of the municipality’s failure to submit an application for approval of the issuance of bonds to the Local Finance Board in the Department of Community Affairs?

Sept. 17, 2015 [+]

10 a.m.

A-21-14 State v. Antoine D. Watts (074556)
Was this drug evidence properly suppressed where an initial search, conducted pursuant to a search warrant, did not reveal drug evidence, but defendant was taken into custody and the drugs were later discovered while defendant was being transferred to another location?

A-110-13 Anthony C. Major v. Julie Maguire (074345)
When adjudicating an application for grandparent visitation, under what circumstances must the trial court follow the procedural guidelines articulated in the Appellate Division’s recent decision, R.K. v. D.L., Jr., 434 N.J. Super. 113 (App. Div. 2014)?

1 p.m.

A-102-13 IMO the Revocation of the Access of Block #613, Lots #4 & 5, Township of Toms River (074011)
Under the circumstances presented, did the New Jersey Department of Transportation’s plan for proposed road improvements deny this commercial property owner reasonable access to its property?2 p.m.

D-77-14 In the matter of William J. Torre (075524)

Sept. 16, 2015 [+]

10 a.m.

A-10/11-14 Division of Child Protection and Permanency v. K.N. & K.E. (074161)
Did the trial court infringe on DCPP’s placement and licensing authority in the context of this case involving child placement and home licensing under Title Nine (N.J.S.A. 9:6-8.21 to -8.73), Title Thirty (N.J.S.A. 30:4C-11 to -14), and the Resource Family Parent Licensing Act (N.J.S.A. 30:4C-27.3 to -27.15)?

A-108-13 State v. R.P. (073796)
Having determined that defendant’s conviction for first-degree aggravated sexual assault had to be vacated, was the Appellate Division required to mold the verdict to second-degree sexual assault under the circumstances presented?

1 p.m.

A-112-13 State v. Howard Jones (073827)
In this case involving a show-up identification shortly after the defendant allegedly exposed himself to the victim, did the Appellate Division properly apply the factors established in Manson v. Brathwaite, 432 U.S. 98, 114, 97 S.Ct. 2243, 53 L.Ed. 2d 140 (1977), to conclude that the victim’s identification was not impermissibly suggestive?


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