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LIGGON-REDDING v. ESTATE OF ROBERT SUGARMAN

No. 08-4336.

659 F.3d 258 (2011)

*Elizabeth LIGGON-REDDING, Appellant v. The ESTATE OF ROBERT SUGARMAN. *(Pursuant to Rule 43(a), FRAP).

United States Court of Appeals, Third Circuit.

Filed: October 4, 2011.

Attorney(s) appearing for the Case

Elizabeth Liggon-Redding , Rancocas, NJ, Pro Se Appellant.

Richard H. Frankel, Esq. , Iwona Rusek , Student Counsel, Kristin Shicora , Student Counsel [Argued], Drexel University, Earle Mack School of Law, Philadelphia, PA, Court Appointed Amicus Curiae.

Audrey J. Copeland, Esq. [Argued], Marshall, Dennehey, Warner, Coleman & Goggin, Kind of Prussia, PA, John J. Hare, Esq. , Frederic Roller, Esq. , Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, PA, Attorneys for Appellees.

Before: FUENTES, FISHER, and NYGAARD, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

This appeal presents two questions: first, whether 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, 58 S.Ct. 817, 82 L.Ed. 1188 (1938); and second, if the rule is substantive state...

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