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Berk v. Choy
United States Court of Appeals for the Third Circuit
2024 WL 3534482 (2024)
- Written by Jamie Milne, JD
Facts
Harold Berk (plaintiff) filed a medical-malpractice claim against Dr. Wilson Choy, Beebe Medical Center, Inc., and Encompass Health Rehabilitation Hospital of Middletown, LLC (defendants) in a federal district court, invoking the court’s diversity jurisdiction. The court dismissed Berk’s complaint for failure to file an affidavit of merit (AOM) as required by the Delaware Health Care Negligence Insurance and Litigation Act. Berk appealed, arguing that Delaware’s AOM requirement should not apply in a federal district court.
Rule of Law
Issue
Holding and Reasoning (Shwartz, J.)
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