The Supreme Court of the United States has issued its opinion in Berk v Choy, No. 24–440 (U.S. Jan. 20, 2026). While I normally post the syllabus from Tennessee state-court opinions here, the one from this slip opinion is a little long; because of that, I offer this analysis instead:
SCOTUS reviewed the case and held that Delaware’s affidavit of merit requirement does not apply in federal court. The Court reasoned that Federal Rules of Civil Procedure, namely Rule 8, which governs what must be pleaded in a complaint that is filed to commence a civil action, sets the standard for pleadings and does not require supporting evidence such as an affidavit. Because Rule 8 is a valid procedural rule under the Rules Enabling Act that regulates the manner and means by which claims are presented, it displaces the contrary Delaware law. The Supreme Court reversed the Third Circuit’s decision and remanded the case for further proceedings.
Justice Jackson filed an opinion concurring in the judgment but disagreeing with the analysis. Her Honor is of the opinion that Rules 3 and 12 are more relevant to the analysis.
Here is a link to both opinions: <https://tinyurl.com/kbwer5rm>.
NOTE: This opinion is correct it and settles a lot of uncertainty that had surrounded medical malpractice claims filed in federal court based on diversity jurisdiction.
