Plain-English summary
Court: Delaware affidavit-of-merit requirement conflicts with Federal Rule and does not apply in federal court
The Court held that Delaware’s statute requiring an affidavit of merit in certain medical-malpractice suits conflicts with a valid Federal Rule of Civil Procedure and therefore does not apply in federal court. The Third Circuit’s judgment was reversed and the case remanded for further proceedings consistent with the opinion.
Why this matters
The decision resolves a long-running dispute about whether certain state procedural prerequisites — here, an affidavit showing a claim’s merit — can be imposed on plaintiffs in federal court. It affects how federal courts treat state procedural rules that collide with the Federal Rules of Civil Procedure, shaping access to federal courts for plaintiffs in many states with similar statutes.
Who may feel it
- Plaintiffs filing malpractice or similar statutory claims in federal court (especially in diversity cases)
- Defendants facing suits removed to or filed in federal court
- Federal judges and litigators who must decide whether state procedural rules apply in federal court
- States that have affidavit-of-merit or comparable pre-filing requirements
Key questions
- Does Delaware’s affidavit-of-merit statute apply to malpractice claims brought in federal court under diversity jurisdiction?