Berk v. Choy

Decided January 20, 2026. Amy Coney Barrett delivered the opinion of the Court.

Docket 24-440

Delaware law requiring a plaintiff suing for medical malpractice to provide an affidavit from a medical professional attesting to the suit’s merit, Del. Code, Tit. 18, §6853(a)(1), conflicts with a valid Federal Rule of Civil Procedure and does not apply in federal court.

The Court’s statement of the holding, from the opinion’s syllabus. The syllabus is prepared by the Reporter of Decisions and is not part of the opinion of the Court — read the official opinion for authority.

Read the official opinion (PDF, supremecourt.gov) (opens primary source in a new tab)

Amy Coney Barrett’s profile · All opinions since October Term 2017 · The Supreme Court

Source: Supreme Court of the United States, slip opinions (2026). Data last verified 2026-07-02. Informational only; verify against the primary source before relying. Not a consumer report (FCRA).