Legal Opinion
Balthazar v. Atlantic City Medical Center
District Court, D. New Jersey
Decided August 15, 2003No. Civ.A. 02-1136PublishedCited by 15 opinions
1Opinion of the Court
OPINION
ORLOFSKY, District Judge.
Once again, this Court is confronted with the painful and difficult duty of determining whether to impose sanctions against an attorney pursuant to Rule 11 of the Federal Rules of Civil Procedure. In this case, an attorney who failed to file an Affidavit of Merit in a medical malpractice case in state court, thereby causing his client’s case to be dismissed, has attempted under the guise of the federal RICO statute, to relitigate the merits of his client’s state law claims in this Court. Moreover, Plaintiffs counsel has persisted in pursuing an action in this…
2Cases cited60 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
- Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
- Bell v. HoodSupreme Court of the United States · 1946
- Sedima, S. P. R. L. v. Imrex Co.Supreme Court of the United States · 1985
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3Cited by15 opinions
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