Litigation Associate, Fran Notarianni, authored this article in The Legal Intelligencer evaluating the use of certificates of merit in professional malpractice actions and if the practice is unconstitutional because it violates the remedies clause or the right to a jury trial. In the article, Fran uses Lloyd v. Veterinary Orthopedic Services, in which the plaintiff, who argued that Pennsylvania Rule of Civil Procedure 1042.3, requiring certificates of merit in professional malpractice actions, is unconstitutional because it “violates the First Amendment and her due process right to discovery,” as an example. He further reviews whether such requirements are reasonable regulation or a way to mitigate frivolous professional liability claims in the court.
To read the full article, click here.
