RTC Mortgage Trust 1994 N-1 v. Fidelity National Title Insurance

OPINION

ORLOFSKY, District Judge.

This case requires the Court to address several novel and thorny questions of federal and state law arising from the enactment of a relatively recent New Jersey statute, N.J.S.A 2A:53A~26 to 29, the so-called “Affidavit of Merit” statute, which became effective on June 29, 1995. This statute provides that in order to survive a motion to dismiss for failure to state a claim, a plaintiff who alleges negligence by a professional must submit an affidavit (an “affidavit of merit”) from an appropriately qualified individual stating his or her opinion on the merits of…