Supreme Court Rules Delaware's Medical Malpractice Affidavit Requirement Does Not Apply in Federal Court

In Berk v. Choy (Jan. 20, 2026), the Supreme Court unanimously held that Delaware's requirement for an expert affidavit of merit in medical malpractice suits does not apply in federal court. The ruling held that Delaware's law conflicts with Federal Rule of Civil Procedure 8, which requires only a short and plain statement of the claim.