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Arnold & Porter is a firm of more than 1,000 lawyers, providing sophisticated litigation and transactional capabilities, renowned regulatory experience and market-leading multidisciplinary practices in the life sciences and financial services industries. Our global reach, experience and deep knowledge allow us to work across geographic, cultural, technological and ideological borders.
Arnold & Porter was named to Law360’s list of “Legal Lions Of The Week” after the U.S. Supreme Court ruled unanimously in favor of Arnold & Porter client Harold Berk…
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Arnold & Porter was named to Law360’s list of
“Legal Lions Of The Week” after the U.S.
Supreme Court ruled unanimously in favor of Arnold & Porter
client Harold Berk, holding that Delaware’s affidavit of merit
requirement does not apply in federal court because it conflicts
with the Federal Rules of Civil Procedure.
With its judgment on January 20, the Court overturned rulings
from the district court and the Third Circuit, which dismissed Mr.
Berk’s medical negligence suit for failure to comply with
Delaware’s statute requiring plaintiffs in certain medical
negligence cases to submit, at the pleading stage, an affidavit
from a medical expert attesting to the merits of the claim.
The Court’s decision also clarifies the interaction between
state procedural statutes and the Federal Rules and reaffirms that
federal pleading standards control in federal court.
“The Court’s ruling reflects Arnold & Porter’s
strength in litigating complex issues and distilling complicated
cases into a few propositions that are clear, principled, and
broadly compelling,” said Arnold & Porter Appellate &
Supreme Court counsel Andrew Tutt, who argued the case before the
Court. “The last time the Court considered this issue, it
resulted in a three-way split without a majority. In this case, the
decision was unanimous.”
The Arnold & Porter team was led by Andrew and included
partner Stanton Jones, counsel Anthony Franze, senior associates
Devin Adams, Sam Ferenc, Kolya Glick, and Dana Kagan McGinley, and
associates Jennifer Kaplan, Jake Murphy, Katie Weng, and Jillian
Williams, with assistance from appellate specialist Kathryne
Lindsey*.
*Not admitted to the practice of law.