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

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insufficient frontage under N.J.S.A. 40:55D-70 <strong>of</strong> <strong>the</strong> Municipal Land Use Law arbitrary,<br />

capricious, and unreasonable because it was based in part on consideration <strong>of</strong> flooding and<br />

drainage concerns?<br />

Certification granted: 12/13/11<br />

Posted: 12/16/11<br />

Argued:<br />

Decided:<br />

A-51-11 State v. Larson O’Connor & Corey Moore (068845)<br />

Was this warrantless search <strong>of</strong> a motor vehicle, based on an anonymous tip to a police <strong>of</strong>ficer’s<br />

work cell phone that <strong>the</strong> occupants were displaying a firearm, a valid protective search under<br />

Michigan v. Long, 463 U.S. 1032 (1983), or permitted by <strong>the</strong> automobile exception and State v.<br />

Pena-Flores, 198 N.J. 6 (2009)?<br />

Leave to appeal granted: 12/8/11<br />

Posted: 12/16/11<br />

Argued:<br />

Decided:<br />

A-50-11 In The Matter Of The Liquidation <strong>of</strong> Integrity Insurance Company/The Celotex<br />

Asbestos Trust (068970)<br />

Is <strong>the</strong> insured collaterally estopped from obtaining coverage because a prior decision <strong>of</strong> a<br />

bankruptcy court held that <strong>the</strong> insured failed to provide a proper notice <strong>of</strong> claim under <strong>the</strong><br />

relevant insurance policies?<br />

Leave to appeal granted: 12/8/11<br />

Posted: 12/16/11<br />

Argued:<br />

Decided:<br />

A-49-11 State v. Rashad Walker a/k/a Derrick Moss (068742)<br />

Where police knocked on defendant’s door based on an anonymous tip that a man was selling<br />

illegal drugs <strong>the</strong>re, and defendant opened <strong>the</strong> door while smoking a marijuana cigarette, did <strong>the</strong><br />

State establish both probable cause and non-police-created exigent circumstances justifying <strong>the</strong><br />

warrantless search <strong>of</strong> defendant’s apartment?<br />

Certification granted: 12/8/11<br />

Posted: 12/16/11<br />

Argued:<br />

Decided:<br />

A-48-11 State v. Don C. Shaw (068741)<br />

Was <strong>the</strong> discovery <strong>of</strong> an outstanding arrest warrant an intervening circumstance sufficient to<br />

dissipate <strong>the</strong> taint from <strong>the</strong> prior unlawful stop?<br />

Certification granted: 12/8/11<br />

Posted: 12/16/11<br />

Argued:<br />

Decided:<br />

A-47-11 State v. Michael Cahill (068727)<br />

Were defendant’s motor vehicle violations properly dismissed on <strong>the</strong> basis that he was denied a<br />

speedy trial?<br />

Certification granted: 12/8/11<br />

Posted: 12/16/11<br />

Argued:<br />

Decided:

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