Wen Liu v. Mount Sinai School of Medicine & Agents
Docket: No. 13-1350
Court: Court of Appeals for the Second Circuit; March 26, 2014; Federal Appellate Court
Wen Liu, representing herself, appeals the district court's summary judgment favoring Mount Sinai School of Medicine and its employees regarding her claims of negligence, medical malpractice, and employment discrimination. The court reviews the dismissal of a complaint under Rule 12(b)(6) de novo, requiring that a complaint must present sufficient facts to establish a plausible claim for relief. The district court's denial of equitable tolling is reviewed for abuse of discretion. Liu has abandoned her argument regarding the dismissal of negligence claims and the court will not consider new arguments introduced in a reply brief. The court affirms the district court's dismissal of her malpractice and employment law claims, agreeing with the reasons provided by the district court. Liu's remaining arguments are also found to lack merit. The judgment of the district court is affirmed.