PONDEN v. PONDEN


863 A.2d 366 (2004)

374 N.J. Super. 1

Linda PONDEN, Plaintiff-Appellant, v. William E. PONDEN, V. Richard Ferreri, P.C., V. Richard Ferreri, Individually, American Home Products Corporation, Wyeth-Ayherst Global Pharmaceuticals and The Vanguard Group, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided November 29, 2004.


Attorney(s) appearing for the Case

Glenn A. Bergenfield, Princeton, argued the cause for appellant.

Christopher J. Carey, Morristown, argued the cause for respondents, V. Richard Ferreri, P.C. and V. Richard Ferreri (Graham, Curtin & Sheridan, attorneys; Mr. Carey, of counsel; Mr. Carey and David M. Blackwell, on the brief).

Respondents American Home Products Corporation, Wyeth-Ayerst Global Pharmaceuticals and The Vanguard Group have not filed briefs.

Before Judges WEFING, FALL and C.S. FISHER.


The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, we consider the extent of a trial court's discretion, in the wake of the 2000 rule amendments known as "Best Practices," to extend the time for the submission of expert reports after the discovery end date has passed and in the absence of a scheduled arbitration or trial date. Because, in these circumstances, the trial judge erroneously adopted a mechanical approach to the application...

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