Arnold & Porter Secures Unanimous Supreme Court Victory in Berk v. Choy

Arnold & Porter was named to Law360’s list of “Legal Lions Of The Week” after the U.S. Supreme Court ruled unanimously in favor of Arnold & Porter client Harold Berk, holding that Delaware’s affidavit of merit requirement does not apply in federal court because it conflicts with the Federal Rules of Civil Procedure.

With its judgment on January 20, the Court overturned rulings from the district court and the Third Circuit, which dismissed Mr. Berk’s medical negligence suit for failure to comply with Delaware’s statute requiring plaintiffs in certain medical negligence cases to submit, at the pleading stage, an affidavit from a medical expert attesting to the merits of the claim.

The Court’s decision also clarifies the interaction between state procedural statutes and the Federal Rules and reaffirms that federal pleading standards control in federal court.

“The Court’s ruling reflects Arnold & Porter’s strength in litigating complex issues and distilling complicated cases into a few propositions that are clear, principled, and broadly compelling,” said Arnold & Porter Appellate & Supreme Court counsel Andrew Tutt, who argued the case before the Court. “The last time the Court considered this issue, it resulted in a three-way split without a majority. In this case, the decision was unanimous.”

The Arnold & Porter team was led by Andrew and included partner Stanton Jones, counsel Anthony Franze, senior associates Devin Adams, Sam Ferenc, Kolya Glick, and Dana Kagan McGinley, and associates Jennifer Kaplan, Jake Murphy, Katie Weng, and Jillian Williams, with assistance from appellate specialist Kathryne Lindsey*.

*Not admitted to the practice of law.