Plain-English summary
Court: Delaware affidavit-of-merit rule conflicts with Federal Rules and does not apply in federal court
The Supreme Court reversed the Third Circuit, holding that Delaware’s law requiring an affidavit of merit in certain medical-malpractice suits conflicts with a valid Federal Rule of Civil Procedure and therefore cannot be applied in federal courts sitting in diversity. The case was remanded for further proceedings consistent with the opinion.
Why this matters
This decision clarifies the boundary between state procedural requirements and the Federal Rules of Civil Procedure in federal courts. Plaintiffs suing in federal court under diversity jurisdiction cannot always be forced to follow state rules that directly conflict with federal procedural rules. The ruling affects how and where certain pre-filing or pleading requirements imposed by states are applied in federal litigation.
Who may feel it
- Plaintiffs and defendants in medical-malpractice and other civil cases brought in federal court under diversity
- Federal judges and litigators who must decide whether state pre-filing or filing requirements apply in federal court
- States that impose affidavits of merit or similar pre-suit/filing certification requirements
Key questions
- Does Delaware’s affidavit-of-merit statute (Del. Code tit. 18, § 6853(a)(1)) conflict with the Federal Rules of Civil Procedure when a medical-malpractice suit is brought in federal court under diversity jurisdiction?