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MOGABGAB v. STEIN

Civil Action No. 10-2859.

834 F.Supp.2d 499 (2011)

Annette MOGABGAB v. Jeffrey STEIN and The Louisiana Medical Center and Heart Hospital, LLC.

United States District Court, E.D. Louisiana.

July 7, 2011.

Attorney(s) appearing for the Case

Thomas J. Corrington , Corrington Law Firm, New Orleans, LA, for Annette Mogabgab.

Deborah Deo Gracias Trahan , Deborah Deo Gracias Trahan, Attorney at Law, Covington, LA, Lawrence Emerson Abbott , Byron D. Kitchens , Nancy Brechtel , Cotten, Schmidt & Abbott, LLP, New Orleans, LA, for Jeffrey Stein and The Louisiana Medical Center and Heart Hospital, LLC.

ORDER AND REASONS

IVAN L.R. LEMELLE, District Judge.

IT IS ORDERED that Defendant's Motion to Dismiss, Rec. Doc. No. 59, opposed at Rec. Doc. No. 64, is hereby DENIED.

Louisiana's statutory provision, La. R.S. 40:1299.47 et seq., providing for the presentation of a claim of malpractice to a Medical Review Panel prior to District Court proceedings is a substantive rule of law that must be applied in a Federal...

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