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ROWLAND v. PATTERSON

No. 87-1721.

882 F.2d 97 (1989)

Janet L. ROWLAND; Donald E. Rowland, Plaintiffs-Appellants, v. Donald A. PATTERSON, M.D.; Tom J. Altizer, M.D.; Michael A. Winslow, M.D.; Robert K. Hobbs, M.D.; Robert J. Cirincione, M.D., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 10, 1989.

Attorney(s) appearing for the Case

LaVonna Lee Vice (Marvin Ellin, Ellin & Baker, Baltimore, Md., on brief), for plaintiffs-appellants.

Conrad Whiting Varner, Frederick, Md. (Strite, Schildt & Varner, Hagerstown, Md., Kathleen Howard Meredith, Laura C. McWeeney, Semmes, Bowen & Semmes, Baltimore, Md., on brief), for defendants-appellees.

Before ERVIN, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, CHAPMAN, WILKINSON, and WILKINS, Circuit Judges, en banc.

PHILLIPS, Circuit Judge:

Maryland law requires medical malpractice claimants to exhaust an arbitration remedy provided by the state as a precondition to bringing any civil action on the claim in state or federal court. The question on this appeal is whether when a rejected arbitration claim is followed by a federal action invoking diversity jurisdiction, diversity is determined by the parties' citizenship at the time the state arbitration claim was filed or at the...

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