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Expert Analysis

Justices' Med. Mal. Ruling May Spur Huge Shift For Litigators

By Thomas Kroeger ( January 27, 2026, 5:34 PM EST) -- On Jan. 20, in Berk v. Choy, the U.S. Supreme Court fundamentally altered the landscape of medical malpractice litigation in federal courts. In a unanimous decision, the court held that state law affidavit-of-merit requirements do not apply when medical malpractice cases are brought in federal court under diversity jurisdiction....

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