Legal Opinion
SECK BY SECK v. Hamrang
District Court, S.D. New York
Decided April 6, 1987No. 85 Civ. 1726 (LLS)PublishedCited by 8 opinions
1Opinion of the Court
OPINION
STANTON, District Judge.
Defendant’s motion for an order directing, in accordance with Erie Railroad v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938) and its progeny, that a medical malpractice panel be convened in accordance with section 148-a of the New York Judiciary Law, and its determination be obtained and applied in this diversity medical malpractice suit, is denied.
The thoughtful reasons given in Wheeler v. Shoemaker, 78 F.R.D. 218 (D.R.I.1978) and Hibbs v. Yashar, 522 F.Supp. 247 (D.R.I.1981) against the use of such state-created panels by federal courts in medical…
2Cases cited23 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Burlington Northern Railroad v. WoodsSupreme Court of the United States · 1987
- Nellie Woods, as Personal Representative of the Estate of John N. Woods v. Holy Cross HospitalCourt of Appeals for the Fifth Circuit · 1979
- Joseph Diantonio v. Northampton-Accomack Memorial Hospital and Gene Myers, Dr., Association of Trial Lawyers of America/appellant, Amicus CuriaeCourt of Appeals for the Fourth Circuit · 1980
- Carl W. Hines v. Elkhart General HospitalCourt of Appeals for the Seventh Circuit · 1979
18 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re Currency Conversion Fee Antitrust LitigationDistrict Court, S.D. New York · 2005
- Hum v. DericksDistrict Court, D. Hawaii · 1995
- Poindexter v. BonsukanDistrict Court, E.D. Texas · 2001
- Connolly v. FoudreeDistrict Court, S.D. Iowa · 1992
- Alisandrelli v. KenwoodDistrict Court, S.D. New York · 1989
3 more not listed; retrieve them via the Exa API.