Supreme Court of the United States
Berk v. Choy
January 20, 2026607 U.S. 187
Summary
The Court, in an opinion by Justice Barrett joined by Chief Justice Roberts and Justices Thomas, Alito, Sotomayor, Kagan, Gorsuch, and Kavanaugh, held that Delaware’s medical-malpractice affidavit-of-merit requirement does not apply in federal court. Rule 8 displaces the requirement because it establishes what plaintiffs must provide about the merits of their claims at the outset of litigation, and Rule 8 is valid under the Rules Enabling Act. Rule 11 does not preserve a requirement for an affidavit from a third-party medical professional. The Court reversed the Third Circuit and remanded. Justice Jackson concurred only in the judgment, without other justices joining her opinion, finding conflicts with Rules 3 and 12 rather than Rule 8. Outside confirmation could not be performed with the tools available.
Holding
- Whether Rule 8 displaces Delaware’s medical-malpractice affidavit-of-merit requirement.. Delaware’s affidavit-of-merit requirement does not apply in federal court because it conflicts with Rule 8.
- Whether Rule 11’s exception for verification and affidavit requirements incorporates Delaware’s affidavit law.. Rule 11 does not preserve Delaware’s requirement for an affidavit from a third-party medical professional.
- Whether Rule 8 is valid under the Rules Enabling Act and whether that validity depends on the substantive character of displaced state law.. Rule 8 is valid because it really regulates procedure; the substantive nature or purpose of the displaced state law does not change that conclusion.
Docket 24-440