Inside this Issue
- A1 – State Law Requirements for Affidavits of Merit Don’t Apply to Federal Litigation
- A2 – Plaintiff not Required to File Mediation Request before Filing Suit
Article 1
State Law Requirements for Affidavits of Merit Don’t Apply to Federal Litigation
Numerous states require that a plaintiff filing a medical malpractice suit must include an Affidavit of Merit with the complaint signed by an expert attesting to the merits of the suit. Where a Delaware plaintiff filed suit in federal court, it failed to submit the required affidavit within the time permitted by state law. The federal district court dismissed the suit based on Plaintiff’s failure to obtain the required affidavit. The U.S. Supreme Court reversed this and held that the requirement is not enforceable in federal court because it is displaced by the Federal Rules of Civil Procedure. Although this case dealt only with medical malpractice cases, it seems logical that the Court would apply its reasoning here to litigation against design professionals where states also require affidavits of merit be filed. R. Beck v. Wilson C. Choy,607 U.S. (2026), January 20, 2026.
The issue arose here because the parties were from different states and the plaintiff chose to file suit in federal court instead of state court. When a Federal Rule of Civil Procedure is on point, the substantive rules of the state must yield if the Constitution, a treaty, or a statuteotherwise require[s] or provide[s]. “The Rules Enabling Act, which authorizes the Supreme Court to adopt uniform rules of procedure fordistrict courts, provides for the application of federal law. §2072(a); see also Fed. Rule Civ. Proc. 1 (These rules govern the procedure in all civil actions and proceedings in the United States district courts . . . ). Thus, a valid Rule of Civil Procedure displaces contrary state law even if the state law would qualify as substantive under Erie’s test.”
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