U.S. Supreme Court Decision Ruling that Delaware Rule Requiring Certificate of Merit for Professional Liability Claims Has Implications In Pennsylvania Matters

In the United State Supreme Court case of Berk v. Choy, No. 24-440 (U.S. Jan. 20, 2026) (Op. by Barrett, J.), the United States Supreme Court held that a Delaware law requiring a Plaintiff suing for medical malpractice to provide an affidavit from a medical professional attesting to the merit of the claims presented in the law suit conflicts with valid Federal Rule of Civil Procedure and, as such, does not apply in federal court proceedings.

According to commentators, this United States Supreme Court decision can be read as establishing that Pennsylvania's requirements for a Certificate of Merit in professional negligence in state court matters would not apply in the federal courts of Pennsylvania.

As such, these commentators have suggested that, in those cases where a plaintiff can establish diversity jurisdiction in order to get into federal court, those plaintiffs may opt to proceed in federal court where they need not secure and produce a Certificate or Merit before proceeding with a professional negligence claim, such as a medical malpractice claim or a legal malpractice claim.   

Anyone wishing to review a copy of this decision may click this LINK.

I send thanks to Attorney Thomas J. Foley, III of the Foley Law Firm in Scranton, PA for bringing this decision to my attention.

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