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J. M. F. v. New Jersey Department of Treasury, Division of Pensions and Benefits

Paid petition · Superior Court of New Jersey, Appellate Division, No. A-2658-18 · judgment September 28, 2021


Certiorari denied · November 20, 2023
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Whether ALJs violate the rule of law by depriving petitioners of their disability pensions on credibility grounds when petitioners have met their burden of proof and the questioning of their credibility is based on an ALJ’s unexplained “impression” and on a state expert’s opinion not based on medical facts.

  2. Whether state Appellate and Supreme Courts re­ spectively deny petitioners due process of the law when: a. Affirming an ALJ’s Decision by making false fa nofifi Ar» or Iatt O l/U UV/lllVll UO UX t_>J UU.i.VJ.U.1 UW k/wxvxvxxv/x iaxavi wj failing to address petitioner’s Brief’s legal points showing that the ALJ’s Decision wasn’t based on cogent reasons. b. Ignoring a petitioner’s request to investigate a likely collusion between the Appellate Court and the agency in an ongoing appeal and later denying review of said court’s decision.

  3. Whether state courts violate the First Amendment when sealing records on the grounds that petitioner’s privacy needs to be protected even though such privacy does not overcome the strong presumption of public ac­ cess to records and even though petitioner wants the record unsealed in order to share it with the public.

Counsel of record

For petitioner
Julia Maria Fernandez

For respondent
Jeffrey Padgett
New Jersey Office of the Attorney General,

Case

Conference history
Distributed for 2 conferences

Linked docket
23M3, 22A766

Proceedings

  1. Nov 20 2023
    Petition DENIED.
  2. Nov 01 2023
    DISTRIBUTED for Conference of 11/17/2023.
  3. Oct 20 2023
    Waiver of right of respondent New Jersey Department of Treasury to respond filed.
  4. Oct 02 2023
    Motion (23M3) for leave to file a petition for a writ of certiorari with the supplemenat appendix under seal Granted.
  5. Jul 12 2023
    MOTION (23M3) DISTRIBUTED for Conference of 9/26/2023.
  6. Jun 08 2023
    Motion (23M3) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
  7. Jun 08 2023
    Petition for a writ of certiorari filed. (Response due November 1, 2023)
  8. Feb 24 2023
    Application (22A766) granted by Justice Alito extending the time to file until June 10, 2023.
  9. Feb 18 2023
    Application (22A766) to extend the time to file a petition for a writ of certiorari from April 13, 2023 to June 10, 2023, submitted to Justice Alito.