Bar Exam Uniform Quiz
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CIVIL PROCEDURE
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A patient from State X sued her doctor from State Y in federal court in State Y for medical malpractice, basing jurisdiction on diversity of citizenship. State Y has a statute that requires any medical malpractice claim to first be submitted to a state medical review panel for a non-binding opinion before a lawsuit can be maintained in court. The patient filed her lawsuit directly in federal court without first submitting her claim to the review panel. There is no Federal Rule of Civil Procedure that addresses pre-suit screening requirements. The doctor moved to dismiss.
What is the most likely outcome of the doctor's motion to dismiss? Select one.
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