(U.S., filed August 7, 2025): Arguing that State legislatures enacted affidavit of merit statutes to prevent meritless lawsuits that threaten the availability of quality, affordable healthcare and meritless claims remain a problem these statutes prevent. This Court should affirm that Shady Grove represents a straightforward application of previous precedent and state affidavit of merit statutes do no – and cannot – directly collide with the federal rules of civil procedure because they provide substantive law. Applying affidavit of merit statutes is straightforward and unlikely to be “mangled” in federal court. Additionally, insulating federal plaintiffs from state affidavit of merit statutes would invite forum shopping.
Status: On January 20, 2026, the Court disagreed with ATRA’s position and held that the state law didn’t apply in federal court.
