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

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Certification granted 1/27/11 Posted 1/28/11 Argued: 9/26/11 Reargued: 3/12/12 Decided: A-67-10 State v. Stanford Yough (066950) Did the Appellate Division err in reversing the Law Division’s order denying a mistrial based on the victim’s prejudicial comments made during defense counsel’s cross-examination concerning identification? Appeal as of right (Appellate Division dissent) Posted 1/28/11 Argued: 9/27/11 Decided: 11/30/11 A-66-10 Borough of Sayreville v. 35 Club, L.L.C. t/a XXXV Gentlemen’s Club (067092) In determining whether N.J.S.A. 2C:34-7(a), which prohibits sexually oriented businesses within 1000 feet of a public park or residential zone, is unconstitutional as applied, may the trial court consider whether out-of-State locations are adequate alternative sites for such businesses? Appeal as of right (Appellate Division dissent) Posted 1/28/11 Argued: 9/12/11 Decided: 1/19/12 A-65-10 Mazdabrook Commons Homeowners’ Association v. Wasim Kahn (067094) May a homeowners’ association constitutionally limit the display of homeowners’ signs to only “for sale” signs? Appeal as of right (Appellate Division dissent) Posted 1/28/11 Argued: 10/24/11 Decided: A-64-10 State v. Kevin J. Hudson (066660) Did the court abuse its discretion in imposing a consecutive extended term where defendant was previously sentenced to an extended term for charges originating from the same indictment, but which involved a separate crime against a different victim and for which he had a separate trial? Certification granted 1/20/11 Posted 1/24/11 Argued: 9/12/11 Decided: 2/6/12 A-63-10 John Rogers v. Cape May County Office of the Public Defender (067048) For purposes of the notice provisions of the Tort Claims Act, N.J.S.A. 59:1-1 to 59:12-3, did plaintiff’s legal malpractice claim accrue when the Appellate Division reversed his conviction based on ineffective assistance of counsel or when the indictment against him was subsequently dismissed with prejudice? Certification granted 1/20/11 Posted 1/24/11 Argued: 9/27/11 Decided: 12/5/11 A-61/62-10 Paris Wilson v. City of Jersey City (066782) Are defendants entitled to governmental immunity from liability based on N.J.S.A. 52:17C-10 (Title 52 immunity) or the particularized immunity provisions of the Tort Claims Act, N.J.S.A.
59:1-1 to 12-3, for plaintiffs’ claims that unheeded calls to the City’s 9-1-1 system contributed to the victims’ injuries and deaths? Certification granted 1/20/11 Posted 1/24/11 Argued: 10/12/11 Decided: 3/8/12 A-60-10 Selective Insurance Co. v. Arthur C. Rothman, M.D. (066630) May a medical insurer refuse to pay claims for needle electromyography tests (EMGs) performed by a physician assistant (P.A.) on the grounds that a P.A. is not authorized to perform EMGs consistent with N.J.S.A. 45:9-5.2, which provides that EMGs may only be performed by a person “licensed to practice medicine and surgery”? Certification granted 1/20/11 Posted 1/24/11 Argued: 10/12/11 Decided: 1/18/12 Corrected Opinion issued: 1/19/12 A-59-10 Michael McDade v. Rodolfo Siazon (067086) For purposes of the notice provisions of the Tort Claims Act, N.J.S.A. 59:1-1 to 59:12-3, does the discovery rule apply so that plaintiff’s personal injury claim did not accrue until he learned that the pipe that allegedly caused his fall on a sidewalk was owned by the municipal utilities authority (MUA) and not the municipality to whom he sent timely notice and which had the same claims administrator as the MUA? Certification granted 1/20/11 Posted 1/24/11 Argued: 9/27/11 Decided: 12/22/11 A-57/58-10 State v. Krishana L. Hammond (066610) Can a defendant be placed on probation for a second-degree aggravated assault subject to the No Early Release Act, N.J.S.A. 2C:43-7.2; and if not, what impact does defendant’s probationary sentence have on the subsequent sentences imposed? Certification granted 1/20/11 Posted 1/24/11 Argued: 10/11/11 Decided: Improvidently granted 11/3/11 A-56-10 State v. Sally A. McDonald (066773) Where defendant was previously sentenced to an extended term, did the trial court abuse its discretion in sentencing her to a consecutive extended term for an offense committed prior to the former sentence? Certification granted 1/18/11 Posted 1/18/11 Argued: 9/12/11 Decided: 2/6/12 A-54/55-10 Vandella Davis v. Devereux Foundation (066800) Does an institution that cares for the mentally disabled have a non-delegable duty to protect its residents from harm? Certification granted 1/7/11 Posted 1/10/11 Argued: 9/12/11 Decided: 2/29/12
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Page 3 and 4: Posted: 3/16/12 Argued: Decided: A-
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: court judgment of conviction that p
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,

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