The Court holds that Delaware's affidavit-of-merit law, which bars a medical malpractice complaint from being filed unless a medical professional attests to the suit's merit, does not apply in federal court. Federal Rule of Civil Procedure 8 answers the same question, what a plaintiff must show about the merits of his claim at the outset of litigation, and it requires no more than a short and plain statement of the claim.
CASE: Berk v. Choy
AUTHOR: Barrett, J.
DECIDED: 2026-01-20
OPINION: https://www.supremecourt.gov/opinions/25pdf/607us1r10_5hek.pdf
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