It’s always nice when a panel of judges rule unanimously on a particular issue – thereby creating the much sought after “bright-line” rule.

The three-judge panel of the First Circuit ruled that Massachusetts Judge Richard Stearns erred in applying the “good cause” standard when purported whistleblower, Jeffrey D’Agostino, sought to amend his complaint for a fourth time. D’Asostino, now an ex-sales rep for Covidien’s vascular business, lost this job when Covidien fired him for blowing the cover to the feds on a kickback scheme.

D’Agostino claimed that he had an unfettered right to amend his complaint under FRCP 15(a)(1). The court, however, saw this as nothing more than “wishful thinking.” Certain amendments to complaints absolutely require leave of the court.

Fortunately for the relator, his “tortured” interpretation of Federal Rules of Civil Procedure was at least moot in the eyes of the court. It turns out the court took the relator’s filing to amend as an implicit request to amend. Whether or not D’Agostino intended this or planned this, who can know.

The First Circuit found that even though the lower court was proper to interpret the petition as an implied leave-request, the court applied the wrong standard. Two standards typically apply to amend pleadings: a liberal “freely given (leave)” standard; and “good cause.”

Motives and Oversight

The district judge sought to apply the higher standard as a not too veiled “tsk-tsk” that was designed to teach D’Agonstino some respect. The circuit court, however, found that since a deadline was never set, the relator did not flout the orders of the lower court. As practitioners, however, it’s always nice to see clear language from the court as to what is and what is not allowed so far as court procedure is concerned.

Related References:

  • Whistleblower didn’t need ‘good cause’ to amend suit - 1st Circuit (Reuters)
  • Puerto Rican Teacher Can’t Prove Political Discrimination (FindLaw’s 1st Circuit)
  • Protection Guide for Whistleblowers (FindLaw)

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Civil Rights

Block on Trump’s Asylum Ban Upheld by Supreme Court

Criminal

Judges Can Release Secret Grand Jury Records

Politicians Can’t Block Voters on Facebook, Court Rules