Legal Opinion
Houk v. Furman
District Court, D. Maine
Decided July 18, 1985No. Civ. 82-0202-BPublishedCited by 16 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER
CYR, Chief Judge.
This diversity malpractice action was filed on October 8, 1982, alleging negligence by the defendant-physician in treating plaintiff “on or about October 11,1980.” Defendants have moved to dismiss the complaint on the basis of plaintiffs failure to timely serve a 90-day pre-filing notice on defendants as required by 24 M.R.S.A. § 2903. Since the parties have presented materials outside of the pleadings which have not been excluded by the court, the motion to dismiss is treated as a motion for summary judgment under Rule 56. Fed.R.Civ.P. 12(b).
Plain…
2Cases cited64 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- McGowan v. MarylandSupreme Court of the United States · 1961
- Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
- Hanna v. PlumerSupreme Court of the United States · 1965
59 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Daigle v. Maine Medical Center, Inc.Court of Appeals for the First Circuit · 1994
- Neal v. Oakwood Hospital Corp.Michigan Court of Appeals · 1998
- Davis v. Grant Park Nursing Home LPDistrict Court, District of Columbia · 2009
- Irish v. GimbelSupreme Judicial Court of Maine · 1997
- Choroszy v. TsoSupreme Judicial Court of Maine · 1994
11 more not listed; retrieve them via the Exa API.