This browser is not actively supported anymore. For the best passle experience, we strongly recommend you upgrade your browser.

Butler Snow

| less than a minute read

Under Berk, is state court better? Removing a case to federal court may now cost defendants an early exit strategy.

In Berk v. Choy, the Supreme Court of the United States held that a state affidavit-of-merit requirement could not be used to dismiss a medical malpractice case filed in federal court because the Federal Rules of Civil Proced ...