Early Evidence? Not In This Court!: Supreme Court Clarifies Federal Rules Govern Over State Law

• Published date: 27 January 2026
• Subject Matter: Litigation, Mediation & Arbitration, Trials & Appeals & Compensation, Libel & Defamation, Civil Law
• Law Firm: Benesch Friedlander Coplan & Aronoff LLP
• Author: Christopher Letkewicz, Michael Silverstein, Olivia Sullivan, Benjamin Carbery and Jessica Frank

Key Takeaways

• The Supreme Court ruled in Berk v. Choy that federal courts do not have to enforce state laws requiring plaintiffs to provide early evidence'such as affidavits of merit'in medical malpractice cases, because the Federal Rules of Civil Procedure govern what is needed to state a claim in federal court.
• This decision limits the ability of states to impose extra pre-filing requirements on plaintiffs in federal court, reducing barriers for those bringing claims. It also raises questions about the enforceability of other state laws, like anti-SLAPP statutes that similarly require plaintiffs to present evidence early or face dismissal and potential fee-shifting risks.
• Plaintiffs bringing medical malpractice or defamation claims in federal court may now face fewer procedural hurdles, as state laws demanding early evidence are less likely to apply.

In Berk v. Choy, the Supreme Court held that a Delaware state law that requires plaintiffs bringing medical malpractice claims to set forth evidence of the suit's merits via an affidavit of merit early in the case was unenforceable in federal court. This case has significant implications for the growing tension over the applicability of state anti-SLAPP laws in federal court.

The Case: Berk v. Choy

States across the country have passed laws that aim to protect doctors from frivolous medical malpractice suits. Many of these state laws require plaintiffs to obtain an affidavit from medical expert verifying the claim's merit. These laws make it harder for plaintiffs to bring medical malpractice suits against allegedly negligent practitioners, since most medical experts are reluctant to sign affidavits accusing colleagues of malpractice.

In Delaware, one such law requires plaintiffs alleging medical malpractice to obtain and file an affidavit of merit that states their claim has a reasonable basis and is signed by a medical expert. Under the Delaware law, a clerk cannot docket the complaint until the plaintiff files an affidavit of merit.

In this case, Berk filed a medical malpractice lawsuit in federal court but did not file the affidavit required under Delaware law. The district court dismissed the lawsuit due to his failure to comply with that Delaware law, and the Third Circuit affirmed.

On Tuesday, the United States Supreme Court unanimously reversed, holding that the Delaware statute conflicted with the Federal Rules of Civil Procedure and could not apply in federal court. The Supreme Court...