Callahan v. Cho
District Court, E.D. Virginia
1Opinion of the Court
MEMORANDUM OPINION
ELLIS, District Judge.
In this Federal Tort Claims Act (FTCA) 1 case, involving an allegation of medical malpractice stemming from a hip replacement operation at a Veterans Administration Hospital in West Virginia, two dispositive questions are presented at the summary judgment stage. The first question was presented and decided at the threshold dismissal stage and is revisited here sua sponte: It is whether plaintiff may proceed in this action given that no medical expert certifícate accompanied the initial notice of suit, as required by West Virginia’s Medical Professional…
2Cases cited19 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Rafael Medina v. United States of America, No. 00-2156Court of Appeals for the Fourth Circuit · 2001
- Cray Communications, Inc., Formerly Known as Dowty Communications, Incorporated v. Novatel Computer Systems, Inc.Court of Appeals for the Fourth Circuit · 1994
- Roberts Ex Rel. Roberts v. GaleWest Virginia Supreme Court · 1964
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3Cited by12 opinions
- Parker v. United StatesDistrict Court, E.D. Virginia · 2007
- Ripley v. LanzerCourt of Appeals of Washington · 2009
- Ripley v. LanzerCourt of Appeals of Washington · 2009
- Carter v. United StatesDistrict Court, S.D. West Virginia · 2019
- Christopher Lancaster v. USP HazeltonCourt of Appeals for the Fourth Circuit · 2018
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