The Supreme Court announced that it has granted leave to appeal in two new cases. In State v. Tiwana, the question presented, as phrased by the Supreme Court Clerk’s office, is “Was defendant subject to interrogation at the time she told the detective that she only had two shots [of alcohol] prior to the car accident?” In an unpublished opinion, a two-judge panel of the Appellate Division affirmed a decision of the Law Division that suppressed that and other statements by defendant.
The other new appeal is DeSimone v. Springpoint Senior Living, Inc. That case presents this question: “Does the refund provision of N.J.S.A. 56:8-2.11 apply to the entire Consumer Fraud Act [CFA], N.J.S.A. 56:8-1 to -227, or only to the Truth in Menu Act, N.J.S.A. 56:8-2.9 to -2.13?” The Law Division, in denying a defense motion for partial summary judgment, held that the refund provision applied to all violations of the CFA, not just the Truth in Menu Act. The Appellate Division denied leave to appeal, but the Supreme Court has now granted review.