Joseph Diantonio v. Northampton-Accomack Memorial Hospital and Gene Myers, Dr., Association of Trial Lawyers of America/appellant, Amicus Curiae
Court of Appeals for the Fourth Circuit
1Opinion of the Court
HAYNSWORTH, Chief Judge:
In this medical malpractice action brought in the diversity jurisdiction, the plaintiff complains of the application to him of the Virginia Medical Malpractice Act. 1 It requires prior notice of intention to file a medical malpractice action and provides for mediation and decision by a panel of physicians and lawyers appointed by the Chief Justice of the Commonwealth. This action was dismissed for failure to give the prefiling notice. The plaintiff in this appeal contends that the Act may not be applied to a plaintiff in the diversity jurisdiction.
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2Cases cited18 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Byrd v. Blue Ridge Rural Electric Cooperative, Inc.Supreme Court of the United States · 1958
- Meeker & Co. v. Lehigh Valley RRSupreme Court of the United States · 1915
- Wright v. Central Du Page Hospital Ass'nIllinois Supreme Court · 1976
- Attorney General v. JohnsonCourt of Appeals of Maryland · 1978
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3Cited by80 opinions
- Arnold G. Barwick v. The Celotex Corporation, Keene Corporation, Pittsburgh Corning Corporation, H.K. Porter, Forty-Eight Insulations, Inc.Court of Appeals for the Fourth Circuit · 1984
- American Bank & Trust Co. v. Community HospitalCalifornia Supreme Court · 1984
- Beeler v. DowneyMassachusetts Supreme Judicial Court · 1982
- Austin v. LitvakSupreme Court of Colorado · 1984
- Boyd v. BulalaCourt of Appeals for the Fourth Circuit · 1989
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