Legal Opinion
Liggon-Redding v. Estate of Robert Sugarman
Court of Appeals for the Third Circuit
Decided October 4, 2011No. 08-4336PublishedCited by 226 opinions
1Opinion of the Court
OPINION OF THE COURT
NYGAARD, Circuit Judge.
This appeal presents two questions: first, whether Pennsylvania Rule of Civil Procedure 1042.3, requiring the filing of a Certificate of Merit in malpractice cases, is substantive law that federal courts must apply under Erie v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938); and second, if the rule is substantive state law, did the Appellant comply? We answer both questions in the affirmative and will, as a result, reverse the District Court’s dismissal of the Appellant’s complaint and remand this matter for further proceedings.
I
In this…
2Cases cited11 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Hanna v. PlumerSupreme Court of the United States · 1965
- Robin Chamberlain v. Vincent C. Giampapa, M.D., Individually and Dba Plastic Surgery Center InternationaleCourt of Appeals for the Third Circuit · 2000
- Briscoe v. KlausCourt of Appeals for the Third Circuit · 2008
- Lafferty v. St. RielCourt of Appeals for the Third Circuit · 2007
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3Cited by226 opinions
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- Brian Schmigel v. Miroslav UchalCourt of Appeals for the Third Circuit · 2015
- Mid-American Salt LLC v. Morris County Cooperative PricCourt of Appeals for the Third Circuit · 2020
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