Snyder v. Pascack Valley Hospital
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
New Jersey legislation requires the plaintiff in a malpractice suit to provide an affidavit of merit within 120 days after defendant’s answer is filed. Using the date defendant filed his answer to the first amended complaint as the beginning point, the District Court found that plaintiffs affidavit was untimely and dismissed the suit. We conclude that the time limit began to run on the date the defendant filed his answer to the second amended complaint and, therefore, was timely. Accordingly, we will reverse and remand for further proceedings.
On…
2Cases cited12 opinions
- Robin Chamberlain v. Vincent C. Giampapa, M.D., Individually and Dba Plastic Surgery Center InternationaleCourt of Appeals for the Third Circuit · 2000
- Alan J. Cornblatt, PA v. BarowSupreme Court of New Jersey · 1998
- Burns v. BelafskySupreme Court of New Jersey · 2001
- Grimes v. Vitalink Communications Corp.Court of Appeals for the Third Circuit · 1994
- Couri v. GardnerSupreme Court of New Jersey · 2002
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Brian Schmigel v. Miroslav UchalCourt of Appeals for the Third Circuit · 2015
- Graham v. SabolDistrict Court, D. Massachusetts · 2010
- Blythe v. HSBC Bank USA, N.A. Ex Rel. Ace Securities Corp. (In Re Blythe)United States Bankruptcy Court, E.D. Pennsylvania · 2009
- Brian Schmigel v. Miroslav UchalCourt of Appeals for the Third Circuit · 2015
- CASTRO v. ATLANTIC COUNTYDistrict Court, D. New Jersey · 2020
6 more not listed; retrieve them via the Exa API.