Legal Opinion
Edelson v. Soricelli
Court of Appeals for the Third Circuit
Decided November 2, 1979No. Nos. 78-2627, 79-1012PublishedCited by 51 opinions
1Opinion of the Court
OPINION OF THE COURT
ALDISERT, Circuit Judge.
The question presented by these consolidated appeals is whether a federal court may entertain a Pennsylvania medical malpractice claim under the diversity statute, 28 U.S.C. § 1332, before the claimant has initially taken recourse to the state Arbitration Panels for Health Care, created by the Pennsylvania Health Care Services Malpractice Act of 1975, 40 P.S. §§ 1301.101 to 1301.1006. Under § 309 of the Act, 40 P.S. § 1301.309, a medical malpractice plaintiff may not have his claim heard on the merits by the Pennsylvania court of common pleas until…
2Cases cited21 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Hanna v. PlumerSupreme Court of the United States · 1965
- United Steelworkers v. American Manufacturing Co.Supreme Court of the United States · 1960
- Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
- Johnson v. LouisianaSupreme Court of the United States · 1972
16 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- MCI Telecommunications Corporation v. Teleconcepts, Incorporated, Defendant/third-Party v. Bell of Pennsylvania, Third-Party Teleconcepts, IncorporatedCourt of Appeals for the Third Circuit · 1995
- Samuel Weaver and Alice Weaver v. Marine BankCourt of Appeals for the Third Circuit · 1982
- Jarvis v. JohnsonCourt of Appeals for the Third Circuit · 1982
- 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
- Rosemarie T. Schwilm, Administratrix of the Estate of Carrol A. Schwilm, Deceased v. Thomas J. Holbrook, M.D. And Cabell Huntington HospitalCourt of Appeals for the Third Circuit · 1981
46 more not listed; retrieve them via the Exa API.