Berk v. Choy

Summary

The Supreme Court held that Delaware's affidavit‑of‑merit requirement does not apply in federal diversity actions because Federal Rule 8 (and Rules 3 and 12) answer the same procedural question and therefore displace the state statute. The Court affirmed that the Federal Rules are procedural under the Rules Enabling Act and that Rule 11 does not incorporate the state affidavit requirement. The judgment of the Third Circuit was reversed and the case remanded for further proceedings consistent with this opinion.