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: Design Professional Liability
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
California Supreme Court to Address Design Professionals and Duty of Care to Third-Party Purchasers
Gregory T. Hanson – June 5, 2014 On May 7, the California Supreme Court heard oral arguments in Beacon Residential Community Assn. v. Skidmore, Owings, & Merrill LLP, a case that will have a huge impact on design professional liability in California when third-party purchasers sue a designer alleging defective designs. The Beacon is a mixed-use… Continue reading California Supreme Court to Address Design Professionals and Duty of Care to Third-Party Purchasers
New Florida Statute Allows Limitation of Design Professional Liability
Jennifer W. Fletcher, Michael G. Kerman, Kent W. Collier, Jennifer S. Lowndes and Laura J. Stipanowich – June 6, 2013 Over the past fourteen years, third parties have been able to maintain a direct negligence cause of action against an individual design professional, such as an architect or engineer, arising out a construction project, despite… Continue reading New Florida Statute Allows Limitation of Design Professional Liability