Next Generation Bar Exam Quiz
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FOUNDATIONAL SKILLS
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A plaintiff filed a negligence action in federal court based on diversity of citizenship. The plaintiff's claim arises under state law. The state where the federal court sits has a statute requiring a plaintiff in a negligence action against a physician to file a certificate of merit from a qualified expert with the complaint. The federal rules of civil procedure do not require such a certificate. The defendant moves to dismiss based on the state statute.
Which legal concept is most likely to determine whether the federal court must apply the state certificate-of-merit requirement?
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