Berk v. Choy

The Court unanimously reversed the Third Circuit and said Delaware's expert-affidavit requirement does not apply in federal court. The case concerned a medical-malpractice complaint brought under federal diversity jurisdiction (when parties are from different states).

Justice Barrett wrote the 9–0 opinion, joined by Chief Justice Roberts and Justices Thomas, Alito, Sotomayor, Kagan, Gorsuch, and Kavanaugh; Justice Jackson concurred.

The Court voted 9-0 to reverse the Third Circuit. Justice Barrett authored the opinion.

Majority

Barrett

Roberts

Thomas

Alito

Sotomayor

Kagan

Gorsuch

Kavanaugh

Jackson

““Delaware’s affidavit law does not apply in federal court.””

Medical-malpractice plaintiffs in Delaware federal court will not have their cases dismissed solely because they did not file Delaware's required expert affidavit. This matters, for example, to a patient suing a Delaware health-care provider in federal court.

The case returns to the lower courts for further proceedings consistent with the Court's decision. Federal courts handling similar Delaware medical-malpractice cases must not enforce the affidavit requirement as a basis for dismissal.

The Court ruled that Delaware's expert-affidavit requirement does not apply in federal court. It reversed the Third Circuit.

Medical-malpractice plaintiffs and defendants in Delaware federal court are affected. Plaintiffs cannot have a case dismissed solely for lacking Delaware's expert affidavit.

The case returns to the lower courts for further proceedings. Those courts must apply the Supreme Court's decision on Delaware's affidavit requirement.