United States Third Circuit

In a suit alleging fraud, negligent misrepresentation, and malpractice against an accounting firm, arising from a loan transaction, district court's dismissal of the action based on plaintiff's noncompliance with New Jersey's affidavit of Merit statute, which requires the timely filing of an affidavit of merit attesting to the viability of claims in certain actions against professionals, is affirmed where: 1) district court had jurisdiction under 28 U.S.C. section 1334(b) because plaintiff's action is "related to" defendant's bankruptcy proceeding since the outcome of this action conceivably may affect a portion of the defendant estate's liabilities; and 2) assuming the merit statute applies in this case, district court properly held that plaintiff's noncompliance with the merit statute cannot be excused.

Appellate Information

• Decided 08/16/2012
• Published 08/16/2012

Judges

• Ambro

Court

• United States Third Circuit

Counsel