Ketanji Brown Jackson Questions Medical Malpractice Rules in Berk v. Choy Case

Statutory Interpretation of Affidavits

• ❓ Justice Jackson questions the attorney regarding the distinction between a statute requiring the clerk to refuse filing and a judge dismissing a case.
• 💡 She highlights that the statute states the clerk shall refuse to file and should not be docketed, which differs from a case being accepted and then dismissed.
• ⚖️ Jackson probes whether this distinction creates a conflict with Rule 3 of federal court rules, which governs case commencement and docketing.

Case Law and Rule 3 Application

• 📜 The attorney acknowledges the distinction is not irrelevant but points to case law, specifically under Delaware law, which mandates dismissal if the affidavit isn't filed.
• 🔗 The attorney references the Walker case to explain that federal rules like Rule 3 govern the commencement of a federal case and its deadlines, but do not negate state law requirements for a plaintiff to maintain a cause of action.
• 🚫 Therefore, the attorney argues there is no conflict, as state law requirements must still be satisfied even if Rule 3 is met for federal purposes.

Affidavit Filing and Extensions

• ⏳ Jackson notes the statute allows for a 60-day extension for filing the affidavit upon timely motion.
• 🧐 However, she points out that if the affidavit isn't filed, the complaint isn't docketed, implying a procedural hurdle.
• 🤝 The attorney concedes that the case must be on the docket for the court to grant a motion for an extension, but maintains that the statute's plain terms do not prevent docketing absent the affidavit if an extension is pending.