Berk v. Choy | Date Decided: 1/20/26 | Case No. 24-440

Docket Link: Here

Episode Preview: Here

Overview: Federal Rules of Civil Procedure conflict with state screening requirements raises fundamental questions about procedural uniformity in diversity jurisdiction and limits on state authority over federal court operations.

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.

Holding: Delaware’s affidavit law does not apply in federal court.

Result: Reversed and remanded.

Voting Breakdown: 9-0. Justice Barrett wrote the majority opinion. Justice Jackson wrote an opinion concurring in the result.

Link to Opinion: Here.

Oral Advocates:

1. For Petitioner: Andrew T. Tutt, Washington, D.C.
2. For Respondent: Frederick R. Yarger, Denver, CO.

Posture: Third Circuit affirmed dismissal; Supreme Court granted certiorari and reversed unanimously.

Main Arguments:

1. Berk (Petitioner): (1) Rule 8 requires only "short and plain statement," precluding additional merit requirements; (2) Rule 12 forbids considering materials outside pleadings for dismissal; (3) Federal Rules displace conflicting state procedural laws in diversity cases
2. Defendants (Choy and Beebe): (1) Rule 11 creates statutory exception allowing state affidavit requirements; (2) Delaware law addresses different issue than Federal Rules; (3) State screening mechanisms constitute substantive law under Erie doctrine

Implications: Berk victory establishes federal procedural rule supremacy over conflicting state requirements, protecting diversity jurisdiction access while potentially eliminating state tort reform screening mechanisms in federal court. Defendants victory would enable states to impose additional federal court barriers beyond Federal Rules requirements, potentially creating procedural chaos through conflicting state requirements and undermining uniform federal court procedures nationwide.

The Fine Print:

1. Federal Rule 8(a)(2): "A pleading that states a claim for relief must contain a short and plain statement of the claim showing that the pleader is entitled to relief"
2. Delaware Code § 6853(a)(1): "No action for medical negligence shall be filed unless the complaint is accompanied by an affidavit of merit signed by a medical professional"

Primary Cases:

1. Hanna v. Plumer (1965): Valid Federal Rules displace contrary state law even when state law qualifies as substantive under Erie; Federal Rules govern procedure in federal court