Appellate Law NJ Blog
  • Home
  • Bruce Greenberg
Aug 13

“Good Cause” is Required to Amend a Complaint After a Scheduling Order Deadline for Amendment Has Passed

Posted by Bruce D. Greenberg on Aug 13, 2020 in Case management, Effect of decisions by other courts, Judges, Pleadings, Standards of review, Third Circuit Court of Appeals | 0 comments
Premier Comp Solutions, LLC v. UPMC, 730 F.3d 316 (3d Cir. 2020). Under Rule 15 of the Federal Rules of Civil Procedure, amendments to pleadings are liberally granted. But when a Scheduling Order sets a deadline for amending pleadings, Rule 16(b)(4) requires “good cause” for an amendment. In this case, plaintiff sought to add a defendant after an amendment deadline had passed (and after that deadline had been extended once). Plaintiff’s motion relied only on Rule 15’s “liberally granted” standard. When the UPMC defendants opposed the motion and called...
May 8

A Due Process Travesty in a Workers Compensation Case

Posted by Bruce D. Greenberg on May 8, 2020 in Administrative agency actions, Appellate Division, Case management, Constitutional law, Judges, Notable opinion writing | 0 comments
McGory v. SLS Landscaping, ___ N.J. Super. ___ (App. Div. 2020). Judge Vernoia pulled no punches in this opinion for the Appellate Division today. Writing for a unanimous panel, Judge Vernoia concluded that a Judge of Workers Compensation had denied due process to the injured claimant in multiple ways. The claimant alleged that he had fractured his foot when he jumped from a loft while working at respondent’s premises. Respondent claimed that the injury occurred when the claimant jumped off a ladder at his home, not while at work for respondent. The claimant refused medical treatment...
Jun 25

A Trio of Published Opinions From the Appellate Division Today

Posted by Bruce D. Greenberg on Jun 25, 2019 in Appellate Division, Case management, Chancery issues, Contract interpretation, Discovery, Judges, Standards of review | 0 comments
Last week, the Appellate Division issued four published opinions on a single day, as discussed here. Today, the court released three published decisions. Here are summaries of those opinions: New Jersey Div. of Child Protection & Permanency v. B.H., 460 N.J. Super. 212 (App. Div. 2019). This was an abuse and neglect appeal under Title 9. B.H. was the boyfriend of H.S. He was accused of abusing or neglecting H.S.’s daughter, M.S. Title 9 defines “abused or neglected child” as one who is impaired, or in danger of impairment, due to the failure of his or her “parent...
« Older Entries

About the Author

Bruce D. Greenberg, a partner of Lite DePalma Greenberg & Afanador, LLC, has more than 35 years of appellate experience.  He has argued dozens of cases in New Jersey’s Appellate Division, and he has handled oral arguments in the Supreme Court of New Jersey and the Third Circuit Court of Appeals as well.  Mr. Greenberg’s appellate cases have ranged from . . more

 

Subscribe

  • reader reader
  • Subscribe to Appellate Law NJ Blog by Email

Archives

Links

  • An Appeal to Reason – California Appellate blog
  • Class Action Blawg
  • De Novo- Virginia Appellate Law blog
  • Florida Appellate Review
  • How Appealing
  • Maine Appeals Blog
  • New York Appellate Law blog
  • NJ Judiciary
  • On Brief – Iowa Appellate Law Blog
  • Third Circuit Blog
  • Third Circuit Court of Appeals

Categories

  • Administrative agency actions
  • Administrative matters
  • Appellate Division
  • Attorneys fees
  • Case management
  • Chancery issues
  • Class actions
  • Constitutional law
  • Consumer protection
  • Contract interpretation
  • Criminal law
  • Discovery
  • Effect of decisions by other courts
  • Judges
  • Jury issues
  • Municipal land use
  • Notable opinion writing
  • Pleadings
  • Practice Pointers
  • Standards of review
  • Statutory interpretation
  • Summary judgment
  • Supreme Court of New Jersey
  • Third Circuit Court of Appeals
  • Uncategorized
  • United States Supreme Court

Tags

Administrative agency actions Appendix Arbitration Briefs Chief Justice Stuart Rabner Court Rules Family Part interlocutory vs. final decisions Judge Allison Accurso Judge Anthony Parrillo Judge Carmen Alvarez Judge Carmen Messano Judge Clarkson Fisher Judge D. Brooks Smith Judge Douglas Fasciale Judge Ellen Koblitz Judge Heidi Willis Currier Judge Jack Sabatino Judge Jose Fuentes Judge Julio Fuentes Judge Marianne Espinosa Judge Marie Lihotz Judge Mary Catherine Cuff Judge Mitchel Ostrer Judge Patty Shwartz Judge Stephen Skillman Judge Susan Reisner Judge Thomas Ambro Judge Thomas Hardiman Judge Victor Ashrafi Justice Anne Patterson Justice Barry Albin Justice Faustino Fernandez-Vina Justice Helen Hoens Justice Jaynee LaVecchia Justice Lee Solomon Justice Roberto Rivera-Soto Justice Walter Timpone Law of the case Makeup of court Notice of appeal Prerogative writ appeals Standing Statute of limitations Waiver

Designed by Elegant Themes | Powered by Wordpress