Case: Harold R. Berk v. Wilson C. Choy, et al., No. 24-440
Lower Court: Third Circuit
Docketed: 2024-10-18
Status: Judgment Issued
Question Presented: Whether a state law providing that a complaint must be dismissed unless it is accompanied by an expert affidavit may be applied in federal court.
On January 20, 2026, the Supreme Court reversed the Third Circuit and remanded Berk v. Choy, with Justice Barrett delivering the opinion. The Oyez summary and the official docket confirm the judgment issued February 23, 2026.
Harold Berk filed a professional liability complaint in federal court without the expert affidavit required by state law. The case raised the question of whether state affidavit-of-merit statutes, which require plaintiffs to file an expert certification alongside their complaint or face dismissal, must be followed by federal courts sitting in diversity.
The core legal tension is familiar: when does a state procedural rule reflect substantive policy interests strong enough to survive in federal court, and when does a Federal Rule occupy the field? Affidavit-of-merit statutes occupy an ambiguous middle ground. States enact them to screen out meritless professional liability suits early, a substantive policy goal. Yet they operate as pleading requirements, the traditional domain of the Federal Rules. The thirteen amicus briefs, including filings from hospital associations, insurance groups, and a coalition of states, reflect how much professional liability litigation practice turns on the answer.
Practitioners handling medical malpractice and other professional liability claims in federal court will need to assess the decision's implications for filing strategies in states with affidavit-of-merit requirements.