United States Third Circuit

In a suit by pro se plaintiff alleging that defendant committed legal malpractice while representing her in a medical malpractice case in state court by failing to retain an expert, the District Court's dismissal of the complaint is reversed where: 1) 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 (1938); and 2) appellant did comply with this substantive law.

Appellate Information

• Decided 10/04/2011
• Published 10/04/2011

Judges

• NYGAARD

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Marshall, Dennehey, Warner, Coleman & Goggin