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Expert Analysis

Why Justices Seem Inclined To Curtail Del. Affidavit Statute

By Eric Weitz ( October 10, 2025, 4:58 PM EDT) -- Berk v. Choy, argued before the U.S. Supreme Court on Oct. 6, asks whether Delaware's affidavit‑of‑merit statute applies in federal diversity actions, or whether the Federal Rules of Civil Procedure govern filing and preanswer practice such that the state requirement is displaced at those junctures....

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