Supreme Court once again rejects heightened pleading in federal court

The Supreme Court does not often issue stand-alone rulings on pleading requirements in federal court, a curious track record since every lawsuit was once filed in the clerk's office and many are then met with a notion to dismiss for failure to state a claim. This ruling examines when state law pleading requirements apply in federal court. The answer is that they do not. The plaintiff in this case was not mandated to include a doctor's affidavit in support of his medial malpractice claim.

The case is Berk v. Choy, issued on January 20. This case was filed in Delaware, alleging medical malpractice. In Delaware, you have to include a medical affidavit to prove the claim is brought in good faith. New York has the same requirement, perhaps the product of the medical establishment's lobbying efforts to prevent us from filing meritless lawsuits. But since the defendant found a way to remove this case to federal court, the district judge dismissed the case for lack of a doctor's affidavit. Was this a legitimate ruling? 

The Supreme Court says there is no such affidavit requirement under the federal rules. The states can do what they want, but don't impose these rules in federal court. Under the Federal Rules of Civil Procedure, you only have to file "a short and plain statement of the clam showing that [the plaintiff] is entitled to relief." That's Rule 8(a)(2). And, under Rule 12(b)(6), in determining whether the plaintiff has asserted a. claim, you normally cannot review matters outside the pleadings (in the way you would on a motion for summary judgment, post-discovery). 

The unanimous Court notes that it has frequently rejected efforts by lower federal courts to require more information than required under Rule 8, such as heightened pleading requirements in civil rights cases and prisoner suits. Affidavits of merit, such as the one that plaintiff did not supply in this case, is among those documents outside the pleadings that are not required in federal court. 

Of course, recall the Iqbal ruling from 2009, when the Supreme Court said lawsuits have to plead a plausible claim under the federal rules. Rules 8 and 12 say nothing about plausibility, but the Court read that language into federal practice. I suppose that reasoning is different from the logic in this case. Plausibility pleading is a debate for another day. For now, if you are pleading state law claims and the case somehow winds up in a federal courtroom, this case is for you.