BERK v. CHOY ET AL. - SCOTUS

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Berk v. Choy

Holding: Delaware law requiring a plaintiff suing for medical malpractice to provide an affidavit from a medical professional attesting to the suit’s merit conflicts with a valid Federal Rule of Civil Procedure and does not apply in federal court.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Barrett on January 20, 2026. Justice Jackson filed an opinion concurring in the judgment.

See full coverage: https://www.scotusblog.com/cases/case-files/berk-v-choy/

See full opinion:

Source: https://www.supremecourt.gov/opinions/25pdf/24-440_1b82.pdf