Supreme Court of New Jersey Decisions 2018

N.J. Highlands Coalition v. New Jersey Department of Environmental Protection .  
Date: December 13, 2018
Docket Number: a-32-17

Justia Opinion Summary: The under review by the New Jersey Supreme Court affirmed several actions by the State Department of Environmental Protection (DEP) with regard to property in the Borough of Oakland that is subject to the Highlands Water…

New Jersey v. Wint  
Date: December 12, 2018
Docket Number: a-28-29-17

Justia Opinion Summary: Law enforcement officers arrested defendant Laurie Wint on a New Jersey murder charge and brought him to the Camden County Prosecutor’s Office for questioning. Wint invoked his right to counsel after receiving Miranda…

New Jersey v. Hyppolite  
Date: December 11, 2018
Docket Number: a-48-17

Justia Opinion Summary: In March 2017, police officers responded to a report of a shooting in a parking lot at Lafayette Gardens in Jersey City and found Terrel Smith’s body; he had been shot multiple times. The police identified “Michael…

New Jersey Division of Child Protection and Permanency v. R.L.M.  
Date: December 10, 2018
Docket Number: a-17-17

Justia Opinion Summary: Plaintiff New Jersey Division of Child Protection and Permanency (Division) brought a guardianship action against R.L.M. and J.J., seeking to terminate their parental rights to their daughter R.A.J. At a case management…

New Jersey v. Green  
Date: November 28, 2018
Docket Number: a-39-17

Justia Opinion Summary: Defendant Carlos Green Green struck and killed Billy Dudley, who was lying in the road on a late night in December 2014. A toxicology lab determined Green’s blood alcohol concentration (BAC) to be 0.210% at the time of…

New Jersey v. Cassidy  
Date: November 13, 2018
Docket Number: a-58-16

Justia Opinion Summary: The issue this case presented for the New Jersey Supreme Court’s review centered on the State’s use of the Alcotest 7110 MKIII-C (Alcotest) to obtain breath samples from drivers suspected of driving under the influence…

Accutane Litigation  
Date: October 3, 2018
Docket Number: a-26-27-17

Justia Opinion Summary: This appeal arose from 532 product-liability claims filed against Hoffmann-La Roche Inc. and Roche Laboratories Inc. (collectively Roche), corporations with their principal places of business in New Jersey. Roche…

In the Matter of William R. Hendrickson, Jr., Department of Community Affairs  
Date: September 18, 2018
Docket Number: a-12-17

Justia Opinion Summary: William Hendrickson, Jr. worked as a fire safety inspector with the Department of Community Affairs. While on duty, he uttered an obscene and belittling remark about a female supervisor overheard by two of his…

Willner v. Vertical Reality, Inc.  
Date: August 15, 2018
Docket Number: a-9-17

Justia Opinion Summary: Plaintiff Josh Willner was injured while climbing a rock wall owned by his employer, Ivy League Day Camp. Willner sued the camp and the manufacturers of the wall and parts contained in the wall, Vertical Reality, Inc.…

New Jersey v. Quaker Valley Farms, LLC  
Date: August 14, 2018
Docket Number: a-43-16

Justia Opinion Summary: Quaker Valley Farms, LLC (Quaker Valley) owned approximately 120 acres of deed-restricted farmland in Hunterdon County, New Jersey. As part of New Jersey’s Farmland Preservation Program, the State purchased an easement…

State of New Jersey v. Quaker Valley Farms, LLC
Date: August 14, 2018
Docket Number: a-43-44-45-4 Albin, J., writing for the Court. Quaker Valley Farms, LLC (Quaker Valley) owns approximately 120 acres of deed- restricted farmland in Hunterdon ...
Paff v. Ocean County Prosecutors Office  
Date: August 13, 2018
Docket Number: a-17-16

Justia Opinion Summary: In January 2014, a General Order was issued under the authority of the Chief of the Barnegat Township Police Department that applied only to that department. The Order instructed officers to record by MVR several…

New Jersey v. Fuqua  
Date: August 9, 2018
Docket Number: a-4-17

Justia Opinion Summary: In September 2011, the Middlesex County New Jersey Prosecutor’s Office opened a narcotics investigation into Tyrell Johnson that later swept in defendant Danyell Fuqua. In the early morning hours, and after obtaining a…

Communications Workers of America, AFL-CIO v. New Jersey Civil Service Commission  
Date: August 8, 2018
Docket Number: a-47-16

Justia Opinion Summary: In March 2013, the Civil Service Commission (the Commission) published amendments to the New Jersey Administrative Code (the Proposed Rule). The Proposed Rule introduced the concept of a “job band,” defined as “a…

RSI Bank v. The Providence Mutual Fire Insurance Company  
Date: August 7, 2018
Docket Number: a-68-16

Justia Opinion Summary: Third-party defendant Dr. George Likakis was charged with aggravated arson and insurance fraud after a fire destroyed a building he owned (the Property). Plaintiff RSI Bank held a first-priority mortgage on the Property,…

Montclair State University v. County of Passaic  
Date: August 6, 2018
Docket Number: a-16-17

Justia Opinion Summary: Plaintiff Montclair State University (MSU) has attempted to create a third egress from its campus onto a county road. MSU consulted with both the County of Passaic, New Jersey (County) and the City of Clifton (City),…

Cherokee LCP Land, LLC v. City of Linden Planning Board  
Date: August 2, 2018
Docket Number: a-82-16

Justia Opinion Summary: The issue this case presented for the New Jersey Supreme Court’s review centered on whether a tax lienholder has standing to challenge a planning board’s approval of a land use application for a neighboring property. The…

In re: Accutane Litigation  
Date: August 1, 2018
Docket Number: a-25-17

Justia Opinion Summary: Accutane was a prescription medication developed by defendants and approved by the FDA to treat recalcitrant nodular acne. Accutane’s alleged role as a cause of gastrointestinal disease ultimately resulted in a series of…

New Jersey v. J.L.G.  
Date: July 31, 2018
Docket Number: a-50-16

Justia Opinion Summary: Defendant J.L.G. was tired for: first-degree aggravated sexual assault; third-degree aggravated criminal sexual contact; second-degree endangering the welfare of a child; and third-degree witness tampering. Defendant’s…

Brugaletta v. Garcia  
Date: July 25, 2018
Docket Number: a-66-16

Justia Opinion Summary: This appeal arose out of a discovery dispute in a medical malpractice action involving a hospital’s and its staff’s care of a patient. The parties disagreed over the boundaries of privileged material under the Patient…

New Jersey v. Gathers  
Date: July 24, 2018
Docket Number: a-80-16

Justia Opinion Summary: This interlocutory appeal presented two issues: (1) whether the State may rely solely on a hearsay certification to support a motion for an order to compel a buccal swab; and (2) whether the affidavit in this case…

Serico v. Rothberg  
Date: July 19, 2018
Docket Number: a-69-16

Justia Opinion Summary: This appeal stemmed from plaintiff Lucia Serico’s motion for attorney’s fees and other litigation expenses pursuant to Rule 4:58 after a jury trial on medical malpractice claims against Robert Rothberg, M.D. At issue was…

Allstars Auto Group, Inc. v. New Jersey Motor Vehicle Commission  
Date: July 18, 2018
Docket Number: a-72-16

Justia Opinion Summary: In this case, the issue presented for the New Jersey Supreme Court's review was whether the New Jersey Motor Vehicle Commission (Commission) appropriately issued fines and suspensions without holding hearings. The…

McDaid v. Aztec West Condominium Association  
Date: July 17, 2018
Docket Number: a-88-16

Justia Opinion Summary: Plaintiff Maureen McDaid brought a negligence action against defendants Aztec West Condominium Association; Preferred Management, Inc., the Association’s management company; and Bergen Hydraulic Elevator, the…

New Jersey in the Interest of A.R.  
Date: July 11, 2018
Docket Number: a-67-16

Justia Opinion Summary: In the sexual assault trial of fourteen-year-old “Alex,” the family court admitted into evidence the "tender-years" exception to the hearsay rule: the video-recorded statement that seven-year-old “John” gave to police,…

Continental Insurance Company v. Honeywell International, Inc.  
Date: June 27, 2018
Docket Number: a-21-16

Justia Opinion Summary: This appeal involved questions about the insurance coverage available to defendant Honeywell International, Inc. (Honeywell) for thousands of bodily-injury claims premised on exposure to brake and clutch pads (friction…

Harz v. Borough of Spring Lake  
Date: June 26, 2018
Docket Number: a-48-16

Justia Opinion Summary: The issue before the New Jersey Supreme Court in this appeal centered on whether a homeowner, who challenged the issuance of a zoning permit allowing construction on neighboring property, had a statutory right to be…

Kean Federation of Teachers v. Morell  
Date: June 21, 2018
Docket Number: a-84-16

Justia Opinion Summary: At issue in this case were: (1) the extent of Kean University’s (Kean) notice obligations as a public body under the Open Public Meetings Act (the OPMA or the Act), and whether the notice for the personnel exception…

DunbarHomes, Inc. v. Zoning Board of Adjustment of Franklin Township  
Date: June 20, 2018
Docket Number: a-89-16

Justia Opinion Summary: Plaintiff Dunbar Homes, Inc., (Dunbar) owns a 276-unit garden apartment complex in the General Business Zone (GB-Zone) of Franklin Township (Township). Dunbar sought approval to develop an additional fifty-five garden…

New Jersey v. Twiggs  
Date: June 19, 2018
Docket Numbers: a-51-16, A-63/64/65-16

Justia Opinion Summary: In 2009, a detective responded to a robbery call and met with S.T. (the victim) and defendant Gary Twiggs, who stated they had been robbed by a white male wearing a mask, later identified as Dillon Tracy. A police…

State v. Gary Twiggs State v. James E. Jones & Likisha Jones
Date: June 19, 2018
Docket Number: a-63-64- term ‘the actor' in State v. Rumblin.” Id. at 37 (Leone, J., dissenting). Judge Leone's primary concern was to avoid an interpretation ...
New Jersey v. Pinkston  
Date: June 14, 2018
Docket Number: a-22-17

Justia Opinion Summary: The police spotted defendant Leo Pinkston in a car that matched the general description of a vehicle used in a shooting. The officers “activated their lights and sirens.” Defendant allegedly “disregarded” the lights and…

New Jersey in the Interest of J.A.  
Date: June 6, 2018
Docket Number: a-38-16

Justia Opinion Summary: The issue before the New Jersey Supreme Court in this matter centered on the admissibility of evidence procured from a home after police officers’ warrantless entry. A man was attacked at a bus stop in Willingboro and…

Mount v. Board of Trustees, Police and Firemen's Retirement System  
Date: June 5, 2018
Docket Number: a-9-16

Justia Opinion Summary: At issue before the New Jersey Supreme Court was two determinations of the Police and Firemen’s Retirement System (PFRS) Board of Trustees (Board), each involving a police officer’s claim that he was “mentally . . .…

New Jersey v. Hester  
Date: May 30, 2018
Docket Number: a-91-16

Justia Opinion Summary: As a result of their sex-offense convictions, all four defendants were required to serve a special sentence of community supervision for life ("CSL") after completion of their prison terms. The commission of their…

New Jersey v. Young  
Date: May 24, 2018
Docket Number: a-61-16

Justia Opinion Summary: During the 2012 mayoral election in the City of Salem, New Jersey, defendant Isaac Young was the executive director of the city’s housing authority. Defendant’s friend and political ally, the incumbent-mayor Robert…

Brennan v. Bergen County Prosecutor's Office  
Date: May 23, 2018
Docket Number: a-62-16

Justia Opinion Summary: In this appeal, the issue presented for the New Jersey Supreme Court's consideration was whether the Open Public Records Act (OPRA) required disclosure of the names and addresses of successful bidders at a public auction…

In the Matter of State and School Employees' Health Benefits Commissions' Implementation of I/M/O Philip Yucht  
Date: May 8, 2018
Docket Number: a-21-17

Justia Opinion Summary: The New Jersey State Health Benefits Commission (SHBC) and the School Employees’ Health Benefits Commission (SEHBC) (collectively, the Commissions) administered the New Jersey State Health Benefits Program (SHBP) and the…

Petro-LubricantTesting Laboratories, Inc. v. Adelman  
Date: May 7, 2018
Docket Number: a-39-16

Justia Opinion Summary: Defendant Asher Adelman established, which published an article, “'Bizarre’ and hostile work environment leads to lawsuit.” The article detailed a gender-discrimination, workplace-harassment, and…

Thompson v. Board of Trustees, Teachers' Pension and Annuity Fund  
Date: May 3, 2018
Docket Number: a-5-17

Justia Opinion Summary: Petitioner Jaclyn Thompson alleged that she was mentally disabled as a result of three incidents at work. Petitioner was a health and physical education teacher. She taught regular gym classes, coached, and served as an…

American Civil Liberties Union of New Jersey v. Hendricks  
Date: May 2, 2018
Docket Number: a-22-16

Justia Opinion Summary: In this appeal, the issue this case presented for the New Jersey Supreme Court's review focused on state action based on, among other grounds, the Religious Aid Clause of Article I, Paragraph 3 of the New Jersey…

State v. Jonathan Mercedes
Date: May 1, 2018
Docket Number: a-6-7-17
State v. Allen Alexander
Date: April 30, 2018
Docket Number: a-49-16
New Jersey v. Dor  
Date: April 25, 2018
Docket Number: a-54-16

Justia Opinion Summary: The issue this case presented for the New Jersey Supreme Court’s review centered on whether defendant Todd Dorn’s right to a grand jury presentment under the New Jersey Constitution was violated when the trial court…

New Jersey in the Interest of C.K.  
Date: April 24, 2018
Docket Number: a-15-16

Justia Opinion Summary: In New Jersey, juveniles adjudicated delinquent of certain sex offenses were barred for life from seeking relief from the registration and community notification provisions of Megan’s Law. That categorical lifetime bar…

New Jersey v. Hagans  
Date: April 23, 2018
Docket Number: a-37-16

Justia Opinion Summary: In March 2012, New Jersey State Trooper John Faust pulled over a 2002 Mercury Sable with a damaged taillight on Interstate 295. The driver, Shonsheray Chandler, had changed lanes without signaling. There were passengers…

New Jersey v. Pressley  
Date: April 19, 2018
Docket Number: a-52-16

Justia Opinion Summary: The New Jersey Supreme Court found that counsel for both sides raised an intriguing question in this case: whether an identification made by a law enforcement officer should be tested by the same standards that apply to…

Freedom From Religion Foundation v. Morris County Board of Chosen Freeholders  
Date: April 18, 2018
Docket Number: a-71-16

Justia Opinion Summary: From 2012 to 2015, Morris County, New Jersey awarded $4.6 million in taxpayer funds to repair twelve churches, as part of a historic preservation program. This appeal raised two questions for the New Jersey Supreme…

Krzykalski v. Tindall  
Date: April 17, 2018
Docket Number: a-55-16

Justia Opinion Summary: This case arose from a car accident in Florence Township, New Jersey. The car driven by plaintiff Mark Krzykalski was in the left lane traveling north, and the car driven by defendant David Tindall was directly behind…

Spade v. Select Comfort Corp.  
Date: April 16, 2018
Docket Number: a-57-16

Justia Opinion Summary: The United States Court of Appeals for the Third Circuit certified two questions of New Jersey law to the New Jersey Supreme Court arising from two putative class actions brought under the New Jersey Truth-in-Consumer…

Ferrante v. New Jersey Manufacturers Insurance Group  
Date: April 11, 2018
Docket Number: a-87-16

Justia Opinion Summary: Plaintiff Robert Ferrante was involved in an automobile accident in 2006 where the other motorist caused the collision. Without informing his auto insurance carrier, defendant New Jersey Manufacturers Insurance Group…

New Jersey v. Jones  
Date: March 22, 2018
Docket Number: a-53-16

Justia Opinion Summary: In 2012, Defendant Donnell Jones and a female accomplice committed an armed robbery against a woman and her young daughter in a New Brunswick park. Defendant pleaded guilty to first-degree armed robbery and second-degree…

New Jersey v. Hummel  
Date: March 13, 2018
Docket Number: a-36-16

Justia Opinion Summary: On December 5, 2010, Thomas Carbin was stabbed to death. The Gloucester County Prosecutor’s Office began interviewing individuals to obtain information about Carbin and learned that defendant Lori Hummel was in Carbin’s…

New Jersey v. Mosley  
Date: March 6, 2018
Docket Number: a-24-16

Justia Opinion Summary: In this appeal, the issue presented for the New Jersey Supreme Court’s consideration was whether defendant Noah Mosley’s due process rights were violated because the State relied on hearsay evidence to prove the…

Lee v. Brown  
Date: February 21, 2018
Docket Number: a-7-8-16

Justia Opinion Summary: The case stemmed from a 2010 fire in the City of Paterson (City) that consumed a multi-unit home owned by Florence Brown, taking the lives of four residents and injuring several others as they made their escape. During…

New Jersey v. Dickerson  
Date: February 5, 2018
Docket Number: a-1-17

Justia Opinion Summary: This appeal raised the question of whether, in cases involving a search warrant, Rule 3:4-2(c)(1)(B) required the State to produce the affidavit underlying the warrant prior to a pretrial detention hearing pursuant to…

New Jersey v. Prall  
Date: January 31, 2018
Docket Number: a-28-16

Justia Opinion Summary: The Appellate Division reversed defendant Tormu Prall’s conviction, finding that: (1) his prior threat to kill his girlfriend, Jessie Harley, was admitted in error and without a limiting instruction; (2) the State…

New Jersey v. S.N.  
Date: January 30, 2018
Docket Number: a-60-16

Justia Opinion Summary: This appeal sought the proper standard for appellate review of pretrial detention decisions under the Criminal Justice Reform Act (CJRA), N.J.S.A. 2A:162-15 to -26. In a complaint-warrant, the State charged defendant…

New Jersey v. Bailey  
Date: January 22, 2018
Docket Number: a-96-15

Justia Opinion Summary: Carlos Guerrero and Alex Mejia were walking in New Brunswick after a night of drinking. A video surveillance camera captured defendant Karlton Bailey approaching Guerrero from behind and putting his hand in Guerrero’s…

New Jersey v. Sanchez-Medina  
Date: January 18, 2018
Docket Number: a-10-16

Justia Opinion Summary: A jury convicted defendant Alexis Sanchez-Medina of various sexual-assault crimes that involved four separate victims: R.D., D.J., A.M., and A.B. The issue this case presented for the New Jersey Supreme Court's review…

New Jersey v. Sutherland  
Date: January 11, 2018
Docket Number: a-14-16

Justia Opinion Summary: In this matter, a police officer pulled over a car under the belief that the vehicle was in violation of N.J.S.A. 39:3-61(a) and -66 because one of the vehicle’s taillights was not working. The trial court determined…

Hayes v. Delamotte  
Date: January 10, 2018
Docket Number: a-4-16

Justia Opinion Summary: In 2001, plaintiff Doreen Hayes was diagnosed with a syrinx in her thoracic spine. Plaintiff’s last MRI, prior to the accident at issue in this case, was taken in May 2007. In 2008, plaintiff was a passenger in a vehicle…

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