Jason Pannu | Freeman Mathis & Gary The U.S. Supreme Court’s January 2026 decision in Berk v. Choy marks an important development in professional liability litigation with implications extending beyond medical malpractice. For architects, engineers, and other licensed construction professionals, the ruling substantially limits the enforceability of state-law certificate or affidavit of merit statutes in federal diversity… Continue reading Federal Pleading Rules Override State “Certificates of Merit”: What this Means for Design Professionals
Category: Design Professionals
Design Professionals Face New Federal Litigation Risk After Supreme Court Ruling
Tim Maffett and Michael Schollaert | Baker Donelson Engineers, architects, and other licensed design professionals face a heightened federal court litigation risk following a recent U.S. Supreme Court decision that weakens state certificate of merit requirements. Claims that previously could have been dismissed early for lack of peer certification may now proceed in federal court,… Continue reading Design Professionals Face New Federal Litigation Risk After Supreme Court Ruling
Supreme Court Shifts Design‑Professional Malpractice Claims Toward Federal Court
Jose A. Aquino | Duane Morris Courts and legislatures in many states require plaintiffs to file an expert affidavit or certificate of merit at the beginning of a malpractice case, including claims against architects, engineers, and other design professionals. These requirements often function as early gatekeeping tools, allowing defendants to seek early dismissal. A recent… Continue reading Supreme Court Shifts Design‑Professional Malpractice Claims Toward Federal Court
Authorship and Data Disclosure Risks in Construction and Design
Evan Brown | Stoel Rives Contractors and design professionals are rapidly incorporating artificial intelligence (AI) technology into their work. We construction lawyers are striving to keep up with the breakneck pace of technological adoption and evolution and develop ways to protect against emerging risks. During this period of adoption and change, two risks are emerging,… Continue reading Authorship and Data Disclosure Risks in Construction and Design
3 Things to Know About Intellectual Property in Construction Law
James Foley | Clark Hill When most people think about construction law, they picture contracts, building codes, and zoning disputes, not copyrights and patents. But if you’re in the construction industry, whether you’re a general contractor, architect, engineer, or product supplier, there’s a good chance you’re creating or using intellectual property (IP) every day. As… Continue reading 3 Things to Know About Intellectual Property in Construction Law