Hillary Taylor Authors Amicus Brief in U.S. Supreme Court
Hillary Taylor authored DRI Center for Law and Public Policy amicus brief in support of Respondents Dr. Choy and Beebe Medical Center in the case of Berk v. Choy, https://www.scotusblog.com/cases/case-files/berk-v-choy/. The question on review is whether a state law providing that a complaint must be dismissed unless it is accompanied by an expert affidavit may be applied in federal court. The petitioner’s medical malpractice case was dismissed when the court applied Delaware’s affidavit of merit requirement and the petitioner failed, for five months, to comply with the statute and file the required affidavit of an expert indicating that there were “reasonable grounds to believe there has been health-care related negligence.” The Center’s brief urges the Supreme Court to affirm the Third Circuit Court of Appeals and conclude that Delaware’s affidavit of merit requirement does not conflict with the Federal Rules. Rather, under Erie v. Tompkins, and its progeny, state medical liability reforms, such as Delaware’s affidavit of merit statute, are substantive parts of the state malpractice cause of action that are intended to weed out meritless litigation in favor of increasing the availability and quality of healthcare in the state. Such reforms are substantive laws that define when and how recovery for alleged medical malpractice is available. Principles of federalism require that the substantive state law be given effect in federal court. The Center’s brief was drafted by Hillary A. Taylor of Keating Jones Hughes, P.C. Taylor is the Chair of DRI’s Appellate Advocacy Committee and a member of The Center’s Amicus Committee.
The brief is available here: https://www.supremecourt.gov/DocketPDF/24/24-440/368592/20250801094039884_24-440_Amicus%20Brief.pdf.
