Justia New Jersey Supreme Court Opinion Summaries

In a consolidated appeal, the New Jersey Supreme Court considered one central issue: whether the New Jersey Legislature intended to deviate from its highly regulated no-fault system of first-party self-insurance to cover medical expenses arising from automobile accidents when it amended the statutory scheme to allow an insured to elect smaller amounts of personal injury protection (PIP) under a standard policy. Each plaintiff in this appeal was injured in a car accident. Each was insured under a standard policy with insurance that provided for $15,000 in PIP coverage instead of the default amount of $250,000. Neither was able to sustain a claim for bodily injury (noneconomic loss) due to each policy’s limitation-on-lawsuit option. Each sued for outstanding medical bills in excess of their elected PIP coverage ($28,000 and $10,000, respectively). The trial courts ruled against plaintiffs in each matter and prohibited plaintiffs from admitting evidence of their medical expenses that exceeded their $15,000 PIP limits. The Appellate Division consolidated the cases on appeal, and, in a published opinion, reversed both trial court orders. After its review, the Supreme Court could not concluded there was evidence of a clear intention on the part of the Legislature to deviate from the carefully constructed no-fault first-party PIP system of regulated coverage of contained medical expenses and return to fault-based suits consisting solely of economic damages claims for medical expenses in excess of an elected lesser amount of available PIP coverage. "Unless the Legislature makes such an intent clearly known, the Court will not assume that such a change was intended by the Legislature through its amendments to the no-fault system in the Automobile Insurance Cost Reduction Act." View "Haines v. Taft" on Justia Law

Defendant Adrian Vincenty argued two detectives failed to inform him of the criminal charges filed against him when they interrogated him and asked him to waive his right against self-incrimination. Relying on New Jersey v. A.G.D., 178 N.J. 56, 68 (2003), Vincenty filed a motion to suppress statements he made to the detectives. The trial court denied his motion in part and granted it in part. The trial court held that the detectives did not violate A.G.D., but the court suppressed the statements Vincenty made to the detectives after he invoked his right to counsel. Vincenty pleaded guilty to first-degree attempted murder and was sentenced to ten years’ imprisonment with an eighty-five percent parole disqualifier. Vincenty appealed the denial of his motion to suppress. The Appellate Division affirmed the trial court’s denial of Vincenty’s motion to suppress. According to the Appellate Division, the record showed that Vincenty was informed of the charges pending against him before he waived his right against self-incrimination. Thus, the Appellate Division held, the detectives did not contravene A.G.D. After its review, the New Jersey Supreme Court disagreed with the appellate court, finding the record revealed the detectives failed to inform Vincenty of the charges filed against him when they read him his rights and asked him to waive his right against self-incrimination. "That failure deprived Vincenty of the ability to knowingly and intelligently waive his right against self-incrimination. Pursuant to A.G.D., Vincenty’s motion to suppress should have been granted." The Court thus reversed the Appellate Division’s judgment and remanded this case for further proceedings. View "New Jersey v. Vincenty" on Justia Law

In 2005, Evangelos Dimitrakopoulos retained the law firm of Borrus, Goldin, Foley, Vignuolo, Hyman and Stahl, P.C. ("Borrus firm"), for help with a business dispute with Steven Eleftheriou. Represented by the Borrus firm, Dimitrakopoulos and his wife filed a complaint against Eleftheriou and his wife. For undisclosed reasons, the Borrus firm filed a motion to withdraw as counsel shortly after it was retained. Days later, the Borrus firm filed a complaint against Dimitrakopoulos, alleging that its former client owed it $93,811.95 in fees for legal services and that payment had been demanded and not made. Dimitrakopoulos, acting pro se, filed an answer to the collection complaint but filed no counterclaim or third-party claim. In a proceeding before an arbitrator six months after the collection action was filed, the Dimitrakopouloses and the Eleftherious settled their dispute. In light of the settlement, the arbitrator did not issue an award. Months later, the court in the collection matter granted the Borrus firm’s unopposed motion for a final judgment by default in the amount of $121,947.99 for legal services, interest, attorneys’ fees, and court costs. Dimitrakopoulos did not appeal. A total of sixteen months elapsed between the filing of the Borrus firm’s collection action and the entry of the default judgment in that action. After the resolution of the business dispute between the Dimitrakopouloses and the Eleftherious, the collection action remained pending for an additional ten months. On September 10, 2015, approximately three years after the entry of judgment in the collection action, the Dimitrakopouloses sued the Borrus firm and the principal attorneys who worked on their matter for legal malpractice. Defendants moved to dismiss the complaint based on the "entire controversy" doctrine and the doctrine of waiver. The Dimitrakopouloses argued that the damages claimed in the malpractice action were known to them as of September 6, 2011, the day that they settled their dispute with the Eleftherious. The trial court concluded that the Dimitrakopouloses could have asserted their malpractice claim in the collection matter. An Appellate Division panel affirmed that judgment and stated that under Olds v. Donnelly, 150 N.J. 424 (1997), legal malpractice claims were exempt from the entire controversy doctrine to the extent that they need not be asserted in the underlying action. The New Jersey Supreme Court concluded the collection action at issue in this matter was not an “underlying action” as that term was used in Olds, and that the entire controversy doctrine could bar the claim. The record of this appeal, however, was inadequate for an application of the equitable rules that governed here. The Court therefore reversed the Appellate Division, and remanded the case for further proceedings. View "Dimitrakopoulos v. Borrus, Goldin, Foley, Vignuolo, Hyman and Stahl, P.C." on Justia Law

Michael Miller was convicted of possessing and distributing over 900 images and videos of child pornography through the use of online peer-to-peer file-sharing programs. He was also in possession of thirty-three CDs and DVDs, eleven of which contained photographs and recordings of child pornography separate from those found on his computer. The trial court ultimately sentenced Miller to seven years’ imprisonment for the distribution charge and one year of imprisonment for the possession charge. The court determined that the sentences must run consecutively, reasoning that Miller’s crimes “were independent of one another, involv[ing] separate acts committed at different times.” In this appeal, the issue presented for the New Jersey Supreme Court was whether it was an abuse of discretion for a trial court to apply aggravating factor one when sentencing a defendant convicted of possessing and distributing child pornography, and whether Miller was appropriately sentenced to consecutive terms of imprisonment. The Court concluded the Appellate Division’s opinion deprived trial judges of their discretion to make nuanced assessments of the nature and circumstances of offenses involving child pornography. Miller’s possession charge involved child pornographic material beyond that involved in his distribution charge -- there was pornographic material in Miller’s possession for an extended period of time that was not encompassed in the distribution charge. The possession and distribution offenses were therefore distinct, and the trial court appropriately determined that the offenses did not merge for sentencing purposes. View "New Jersey v.Miller" on Justia Law

Seventeen-year veteran volunteer firefighter Jennifer Kocanowski was injured in the line of duty. She applied and was denied temporary disability benefits because she did not have outside employment. In this appeal, the issue this case presented for the New Jersey Supreme Court's consideration was whether volunteer firefighters had to be employed to be eligible for temporary disability benefits under the Workers’ Compensation Act, N.J.S.A. 34:15-1 to -146. The Appellate Division affirmed the compensation judge’s determination that pre-injury outside employment was a necessary predicate to awarding temporary disability benefits to volunteer firefighters, holding that there "first must be an entitlement by the volunteer to payment of temporary benefits. That payment depends on proof of lost wages." The Supreme Court reversed: "While N.J.S.A. 34:15-75’s language is unclear, its legislative history indicates a strong intent to provide temporary disability coverage to volunteer firefighters at the maximum compensation provided for in the Act." View "Kocanowski v. Township of Bridgewater" on Justia Law

One week after defendants’ murder trial began, after counsel made opening statements and examined four of the State’s witnesses, the prosecutor turned over to defense counsel nineteen reports that were in the State’s possession but had not previously been provided to defendants. Defendants moved to dismiss the indictment with prejudice. The trial court did not resolve the dismissal motion, and the case continued. At trial, the court made several significant evidentiary rulings. One ruling reversed the pretrial holding of another judge by admitting the murder victim’s dying declaration heard by the victim’s wife. Another ruling excluded as unreliable a police officer’s affidavit used in four separate search warrant applications. The excluded affidavit was offered by defendants as evidence to impeach the victim’s wife and was relevant to a defense of third-party guilt. At the conclusion of the trial, a jury convicted defendants of murder. The New Jersey Supreme Court concluded that the State’s failure to produce nineteen discovery items until one week after the beginning of defendants’ murder trial violated defendants’ due process rights under Brady. Though there was no evidence or allegation that the State acted in bad faith or intentionally in failing to timely produce the discoverable material, the Court nonetheless reversed the judgment of the Appellate Division, vacated defendants’ convictions, and remanded for a new trial because defendants were deprived of a fair trial. View "New Jersey v. Brown" on Justia Law

Police officers responded to a noise complaint at a motel room and determined not to issue a summons when the renter of the room immediately complied with their request to turn down the music. Police nevertheless conducted an investigatory detention on a group of ten people and ran warrant checks on them. More than twenty minutes into the detention, police arrested defendant Deyvon Chisum for an outstanding warrant and discovered a concealed firearm on him. They then conducted pat-down searches on the remaining occupants and found a firearm on defendant Keshown Woodard. The trial court denied defendants’ motions to suppress the firearms, finding the police entered the motel room lawfully, Chisum was properly arrested because he had an outstanding warrant, and the seizure of the firearm he possessed was obtained through a lawful search incident to arrest. The trial court also found that the police were justified in conducting pat-down searches of the remaining occupants in the room for the officers’ safety. The Appellate Division affirmed. The New Jersey Supreme Court disagreed with the trial court's findings. Once the renter of the motel room lowered the volume of the music and the police declined to issue summonses, the police no longer had any reasonable suspicion that would justify the continued detention of the room’s occupants. Once the noise was abated, the police no longer had an independent basis to detain the occupants, or a basis to run warrant checks on them. Such action was unlawful. And because the detention and warrant checks were unlawful, the subsequent pat-down of Woodard was also improper. Therefore, the Court reversed the Appellate Division and remanded this case to the trial court for the withdrawal of defendants’ guilty pleas and further proceedings. View "New Jersey v. Chisum" on Justia Law

Lieutenant John Kaminskas and Chief Daniel Vaniska, both members of the Union County Police Department, requested defense and indemnification by the Office of the Attorney General in a civil action brought against them for alleged investigatory and prosecutorial misconduct. The Attorney General denied their request on the basis that N.J.S.A. 40A:14-117 imposed such a duty on the county to defend and indemnify its police officers in such matters. The Appellate Division affirmed that decision, and the New Jersey supreme Court affirmed: under N.J.S.A. 40A:14-117 and N.J.S.A. 59:10-4, the Legislature provided that each county -- not the Attorney General -- was responsible for defending and potentially indemnifying its police officers. View "Kaminskas v. New Jersey" on Justia Law

In this appeal, plaintiffs, an individual and his limited liability towing company, entered into a contract for the purchase of a customized medium-duty 4x4 truck with autoloader tow unit. Ultimately, the truck did not perform as expected and plaintiffs filed suit. The issue this case presented for the New Jersey Supreme Court's review centered on whether determine whether New Jersey’s Consumer Fraud Act (CFA or the Act) covered the transaction as a sale of “merchandise.” The New Jersey Supreme Court agreed with the Appellate Division that the trial court took too narrow an approach in assessing what constituted "merchandise" under the remedial CFA. The customized tow truck and rig fit within the CFA’s expansive definition of “merchandise” and, therefore, plaintiff’s CFA claim should not have foundered based on an application of that term. Furthermore, the Court agreed with the appellate panel’s remand to the trial court for a determination of whether defendants’ other bases for seeking summary judgment were meritorious. View "All The Way Towing, LLC v. Bucks County International, Inc." on Justia Law

Plaintiff Amanda Kernahan purchased a “home service agreement” from defendants Home Warranty Administrator of Florida, Inc., and Choice Home Warranty. When she became dissatisfied, she filed a complaint in Superior Court seeking statutory and common law relief. Plaintiff claimed that the agreement misrepresented its length of coverage and that the deceptively labelled “MEDIATION” section of the agreement failed to inform her that she was waiving her right to a jury trial and would be deterred from seeking the additional remedies of treble damages, punitive damages, and attorney’s fees and costs. Defendants filed a motion to dismiss the complaint with prejudice in favor of arbitration, citing the "mediation" provision. The trial court denied defendants’ motion to dismiss, concluding that the arbitration provision was unenforceable. The court found the provision both ambiguous and noncompliant with Atalese v. U.S. Legal Services Group, L.P., 219 N.J. 430 (2014), “in either its form or its function.” The court subsequently denied defendants’ motion for reconsideration, rejecting defendants’ argument that language stating that all claims will be resolved “exclusively” by arbitration would or should have adequately informed plaintiff that she is waiving her right to proceed in court, as opposed to use of other available dispute resolution processes. The Appellate Division affirmed the trial court’s refusal to dismiss the complaint, and the New Jersey Supreme Court also affirmed. View "Kernahan v. Home Warranty Administrator of Florida, Inc." on Justia Law