Civil Litigation Track Hot Cases of the New Jersey Supreme Court ...

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APPEALS ADDED IN THE NEW JERSEY SUPREME COURT LISTED NEWEST TO OLDEST The following statements of issues on appeal are prepared by the Office of the Clerk for the convenience of the reader. They have been neither reviewed nor approved by the Supreme Court. Please note that, in the interest of brevity, not all issues may have been summarized. Beginning on July 16, 2010, each appeal summary posted on this website includes its "posted" date, which is necessary for calculating certain due dates for filing briefs and motions under revised Rule 1:13-9, "Amicus Curiae." Last Updated: 04/11/2012 A-103-11 Harlan W. Waksal v. Director, Div. of Taxation (069599) May these taxpayers follow federal accounting rules to deduct a non-business bad debt as a capital loss on their New Jersey gross income tax returns in accordance with Koch v. Director, Division of Taxation, 157 N.J. 1 (1999)? Certification granted 3/29/12 Posted: 4/3/12 Argued: Decided: A-102 & A-38-11 Robert Sipko v. Koger, Inc. (068417) Was the gift of stock to plaintiff conditioned on his continued employment and did he surrender his interest in the corporations? Certification granted 11/18/11 & 3/23/12 Posted 11/21/11 & updated 4/3/12 Argued: Decided: A-101-11 Lorraine Gormley v. Latanya Wood-El (069717) Are defendants entitled to qualified immunity in this case alleging violation of a constitutional right to substantive due process for failing to protect plaintiff while she was providing legal services to her involuntarily-committed client? Motion for leave to appeal granted: 3/22/12 Posted: 4/3/12 Argued: Decided: A-100-11 Darnice Green v. Morgan Properties (069540) Where provisions in plaintiffs' residential leases provide for the landlords' recovery of specific amounts as attorney's fees, have plaintiffs stated a cause of action under the Consumer Fraud Act or for negligent misrepresentation based on their allegation that the charges exceed the landlords' actual cost for in-house legal representation and thus results in illegal fee sharing? Certification granted: 3/22/12 Posted: 4/3/12 Argued: Decided: A-99-11 State v. Troy N. Nate (069314) Should defendant's conviction of the charge of possession of a weapon for an unlawful purpose be merged with the aggravated manslaughter conviction? Certification granted: 3/14/12
Posted: 3/16/12 Argued: Decided: A-98-11 State v. Antoine Stevens (069313) Did defendant present a prima facie case of ineffective assistance of counsel entitling him to an evidentiary hearing on his application for post-conviction relief from a conviction of possession with intent to distribute heroin without 500 feet of a public park, where his trial attorney did not investigate and present evidence establishing that the distance from defendant's arrest to the public park exceeded 500 feet? Certification granted: 3/14/12 Posted: 3/16/12 Argued: Decided: A-96/97 -11 Kane Properties, L.L.C. v. City of Hoboken (069676) Where plaintiff, a developer of a planned 12-story residential building, applied for zoning variances under N.J.S.A. 40:55D-70(d), for residential use and exceeding story and building height restrictions, was city council's disapproval of the zoning board's grant of the variances tainted by a conflict of interest created by the involvement of a city attorney who previously represented the operator of a nearby residential building that challenged plaintiff's application; and if so, what is the appropriate remedy? Certification granted: 3/14/12 Posted: 3/16/12 Argued: Decided: A-95-11 Kelly Ruroede v. Borough of Hasbrouck Heights (069484) Where the trial court vacated and remanded a non-civil-service municipality's administrative decision to terminate a police officer, was it error to order reinstatement to inactive status with back-pay pending additional disciplinary hearings under N.J.S.A. 40A:14-147 to -151? Certification granted: 3/14/12 Posted: 3/16/12 Argued: Decided: A-94-11 George C. Riley v. State Parole Board (069327) Is the retroactive application of the Sex Offender Monitoring Act, N.J.S.A. 30:4-123.89 to - 123.95, to persons who committed offenses before its enactment unconstitutional? Appeal as of right (Appellate Division dissent); and certification granted: 3/14/12 Posted: 3/16/12 Argued: Decided: A-93-11 State v. Bruce D. Sterling (068952) Should the first trial involving two separate sexual assaults and a separate burglary have been severed and was evidence of that burglary improperly admitted as other-crimes evidence in the second trial for a third, separate sexual assault charge? Certification granted: 3/9/12 Posted: 3/16/12 Argued: Decided:
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Page 5 and 6: A-85-11 State v. Angelina Nicole Ca
Page 7 and 8: A-65-11 Estate of Frederick Hetmans
Page 9 and 10: insufficient frontage under N.J.S.A
Page 11 and 12: A-40-11 Frank J. Nostrame v. Nativi
Page 13 and 14: A-27-11 State v. Ralph Sowell (0682
Page 15 and 16: defendant allowed another person to
Page 17 and 18: A-1-11 State in the Interest of A.W
Page 19 and 20: A-120-10 State v. Charles Mordan (0
Page 21 and 22: Certification granted 5/19/11 Poste
Page 23 and 24: A-95-10 Willie C. Rowe v. Mazel Thi
Page 25 and 26: court judgment of conviction that p
Page 27 and 28: 59:1-1 to 12-3, for plaintiffs’ c
Page 29 and 30: minimum job qualifications constitu
Page 31 and 32: A-28/29-10 Debra A. Lombardi v. Chr
Page 33 and 34: A-14-10 State v. Danny Lazo (066199
Page 35 and 36: Certification granted 9/9/10 Posted
Page 37 and 38: A-104-09 Tina Kieffer v. Best Buy (
Page 39 and 40: Argued: 10/26/10 Decided: 4/11/11 A
Page 41 and 42: Can a mediation center that employs
Page 43 and 44: properly affirmed the dismissal of
Page 45: opportunity to be heard. On May 12,

Civil Litigation Track Hot Cases of the New Jersey Supreme Court ...

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