What’s on Your Hat?: Re-examining Rule 26’s Protections for Dual-Hat Experts

While the 2010 amendments to Federal Rule of Civil Procedure 26 provide more protection for attorneys’ communications with ...

Justices Reject Affidavit Rule in Federal Malpractice Case (1)

Medical malpractice plaintiffs filing suits in federal court don’t have to comply with a state affidavit of merit law, the US ...
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Justices reject state limits on malpractice actions for cases in federal court

As the justices turn at last to releasing opinions in argued cases, it should be no surprise that they start with unanimous ...

High Court Says State Laws Screening MedMal Plaintiffs Don't Apply in Federal Court

A unanimous U.S. Supreme Court said Tuesday that federal courts need not apply state laws raising the procedural bar for ...
SCOTUSblog

Do state limits on malpractice actions apply in federal court?

Berk v. Choy, to be argued on Oct. 6, surely will be the Supreme Court case of the year for medical professionals. At issue in the case is the extent to which a set of common state statutes designed ...