Search Results

You searched News & Insights for: "Publications & Appellate Litigation"

• 01.29.2026Federal Pleading Standard Prevails: Berk v. Choy Clarifies Rule 8 Supremacy over State Affidavit Requirements In more than half of U.S. states, a plaintiff filing a medical malpractice action must submit an “affidavit of merit” or similar document at an early stage of the case. This document is typically an affidavit by a medical professional that the defendant’s actions fell below an acceptable professional standard of care or by the attorney confirming they consulted with such a professional(i). And in some states, including in New Jersey and Pennsylvania, this requirement applies beyond the medical profession to malpractice claims against any “licensed professional,” such as a lawyer(ii).
• 11.18.2024Third Circuit Clarifies Procedural Roadmap to Compel Arbitration Facing a federal lawsuit, companies with agreements that mandate arbitration of disputes must decide how to efficiently obtain an order from a federal judge compelling arbitration. The Third Circuit Court of Appeals recently clarified how to do so in the District Courts in that Circuit (New Jersey, Delaware and Pennsylvania), correcting what the Court admitted was “a misstep we caused” in a prior decision.
• 09.10.2024Reminder To Employers: Even Temporary Impairments Can Be A Disability Under The Law Last week’s decision by the Third Circuit Court of Appeals, Morgan v. Allison Crane & Rigging LLC, stands as a reminder to employers to exercise caution in how they navigate accommodating employees with temporary medical conditions.