United States Third Circuit

NEWELL v. RUIZ, 00-2091

Where plaintiff in a medical malpractice claim complied with New York's Certificate of Merit Statute, and substantially complied with New Jersey's Affidavit of Merit Statute after her case was transferred from New York to New Jersey, district court erred in dismissing her claim with prejudice for failure to timely file an affidavit of merit in accordance with the New Jersey statute.

Appellate Information

• Argued 04/05/2001
• Decided 04/10/2002
• Published 04/10/2002

Judges

• Before SCIRICA, AMBRO and GIBSON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Elise Dinolfo (Argued), Elliott Abrutyn, Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, Livingston, NJ, for Appellant.


• For Appellees:
  
• Philip F. Mattia (Argued), Philip F. Mattia & Associates, Wayne, NJ, for Appellees.