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Fourth Circuit· 7/21/2021

Lorenzo Pledger v. Loretta Lynch

Citations

  • 5 F.4th 511

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that Federal Rules of Civil Procedure displace West Virginia’s certification requirement and deeming the latter inapplicable to claim under Federal Tort Claims Act
  • concluding that Federal Rules of Civil Procedure displace West Virginia’s certification requirement and deeming the latter inapplicable to claim under Federal Tort Claims Act (“FTCA”)
  • holding that West Virginia’s certification requirement for medical negligence claims was inapplicable to the plaintiff’s FTCA claim in federal court
  • explaining that the scope of liability is not altered by the certificate requirement because state law supplies the rules of decision
  • finding that West Virginia law requiring plaintiffs bringing medical malpractice or negligence claims under FTCA to provide a certificate of merit conflicted with Federal Rules of Civil Procedure
  • stating “the fundamental and uncontroversial point that the Federal Rules of Civil Procedure generally govern all civil actions in federal court.”

Source: CourtListener parenthetical corpus (CC0).

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Cited by

13 cases in this archive cite this case.

Cites

41 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.