Latest 2 Cases: Goulding v. NJ Friendship House, Inc. (Civil Procedure), New Jersey v. Desir (Constitutional Law)

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Goulding v. NJ Friendship House, Inc.

Docket: a-48-19

Opinion Date: February 8, 2021

Judge: Faustino J. Fernandez-Vina

Areas of Law: Civil Procedure, Labor & Employment Law, Personal Injury

Under New Jersey’s Worker’s Compensation Act, an employee injured during a social or recreational activity generally cannot receive compensation for those injuries unless a two-part exception is met. Here, the New Jersey Supreme Court considered whether the injuries sustained by claimant Kim Goulding at an event hosted by her employer were compensable. The workers’ compensation court dismissed Goulding’s claim, determining that "Family Fun Day" was a social or recreational event and that the two-part test of N.J.S.A. 34:15-7 was not satisfied. The Appellate Division affirmed. The Supreme Court reversed, finding the injury Goulding sustained while volunteering at her employer-sponsored event was compensable because, as to Goulding, the event was not a social or recreational activity. Even if N.J.S.A. 34:15-7 was applicable here, Goulding would still have satisfied the two-part exception set forth in that statute. Her role at the event, which was planned to be held annually, was the same as her role as an employee, and but for her employment at Friendship House, Goulding would not have been asked to volunteer and would not have been injured. Thus, Goulding’s injury was “a regular incident of employment.” Furthermore, the Court found Friendship House received a benefit from Family Fun Day “beyond improvement in employee health and morale.” The event was not a closed event for the Friendship House team. Rather, it was an outreach event to celebrate and benefit Friendship House’s clients, creating goodwill in the community.

New Jersey v. Desir

Docket: a-43-19

Opinion Date: February 9, 2021

Judge: Solomon

Areas of Law: Constitutional Law, Criminal Law

In this appeal, the issue presented for the New Jersey Supreme Court's consideration was whether defendant Herby Desir was entitled to discovery regarding the controlled purchase of narcotics by a confidential informant (CI). Defendant was not charged in connection with that controlled purchase; however, the purchase formed the probable cause for issuance of a search warrant for defendant’s home, and execution of the search warrant led to charges against defendant for multiple drug and weapons offenses. The Appellate Division reversed the denial of defendant’s motion to compel discovery and remanded for further proceedings, thus permitting defendant, after receiving discovery, “either to withdraw his plea and proceed to trial . . . or to accept his earlier conviction and sentence.” The Appellate Division found that, under provisions of Rule 3:13-3(b)(1), the State should have automatically given defendant the laboratory report -- along with any police reports and video and sound recordings -- once the indictment was filed. The Supreme Court held a defendant seeking discovery in connection with a "Franks" hearing may -- in the trial court’s discretion and on showing a plausible justification that casts reasonable doubt on the veracity of the affidavit -- be entitled to limited discovery described with particularity that is material to the determination of probable cause. The Court affirmed and modified the Appellate Division’s judgment and remanded to the trial court for consideration under the standard adopted in this decision.