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
Tag: Certificate of Merit
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
High Court Ruling Could Block Expert Certification Rules in Federal Construction Suits
Jeremiah Anderson, Michael Dingman and Christopher Thatch | McGuireWoods The Supreme Court’s decision on January 26, 2026, in Berk v. Choy should put to rest the long‑running debate over whether state-law certificate of merit requirements apply in federal court. Under the Court’s straightforward reasoning, they do not. This clarification carries meaningful consequences for construction disputes, particularly for… Continue reading High Court Ruling Could Block Expert Certification Rules in Federal Construction Suits
The Key Role of Certificates of Merit in Defending Professional Liability Claims against Architects and Engineers
Alan Taylor and Wesley Welmaker | Segal McCambridge 12 States Currently Require a Certificate of Merit to File a Professional Liability Lawsuit against an Architect or an Engineer. Currently, the following 12 states require a Plaintiff to file a Certificate of Merit prior to or with a lawsuit alleging professional negligence against architects, engineers, and… Continue reading The Key Role of Certificates of Merit in Defending Professional Liability Claims against Architects and Engineers
Texas Allows Wide Scope for Certificate of Merit
Lian Skaf | White and Williams The purpose of certificate of merit (sometimes referred to as affidavit of merit) statutes is to identify frivolous claims before the court wastes time and resources during litigation. More common in medical malpractice cases, several states have enacted similar requirements for professional negligence claims dealing with construction-related issues. While… Continue reading Texas Allows Wide Scope for Certificate of Merit