certificate of merit requirement (Pennsylvania) · Go Syfert
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certificate of merit requirement in Pennsylvania

10 Pennsylvania opinions name it 3 courts 2005–2026 1 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Womer v. Hillikergreen
pa · 2006 · cited in 5 Pennsylvania opinions naming this issue, 2007–2020
2 sentences

2017In reaching this decision, the High Court discussed the purpose of the certificate-of-merit requirement, observing that certificates of merit “identify and weed non-meritorious malpractice claims from the judicial system efficiently and promptly.” Id. at 275 .

2014The court, employing a policy-based analysis, determined that accepting the Brunos’ contention would be “antithetical to the purpose behind the certificate of merit requirement” articulated by our Court, which was to “ ‘devise an orderly procedure that would serve to identify and weed non-meritorious malpractice claims from the judicial system efficiently and promptly.’ ” Id. at 23-25 (quoting Worrier v. Hilliker, 589 Pa. 256 , 908 A.2d 269, 275-76 (2006)).

45
Merlini Ex Rel. Merlini v. Gallitzin Water Authoritygreen
pa · 2009 · cited in 1 Pennsylvania opinions naming this issue, 2026–2026
1 sentence

2026For -2- ____________________________________________ example, Attorney Welsh “quotes” Merlini v. Gallitzin Water Auth., 980 A.2d 502, 507-508 (Pa. 2009) for the proposition that the certificate of merit requirement was “intended as ‘a shield against frivolous claims of professional liability’ but ‘never as a sword to strike down potentially meritorious claims sounding in ordinary negligence.’” Appellants’ Brief at 26.

11
McNeil v. Jordangreen
pa · 2006 · cited in 1 Pennsylvania opinions naming this issue, 2009–2009
2 sentences

2009Nos. 1007(1), 1042.3 (permitting a plaintiff to file an action by writ of summons, and tying the certificate of merit requirement in professional liability actions to the filing of a complaint); McNeil v. Jordan, 586 Pa. 413, 443-45 , 894 A.2d 1260, 1278-79 (2006) (discussing the availability of pre-complaint discovery); Pa.R.C.P.

2009Nos. 1007(1), 1042.3 (permitting a plaintiff to file an action by writ of summons, and tying the certificate of merit requirement in professional liability actions to the filing of a complaint); McNeil v. Jordan, 586 Pa. 413, 443-45 , 894 A.2d 1260, 1278-79 (2006) (discussing the availability of pre-complaint discovery); Pa.R.C.P.

11
Herrmann v. Pristine Pines of Franklin Park Inc.green
pactcomplallegh · 2003 · cited in 1 Pennsylvania opinions naming this issue, 2007–2007
1 sentence

2007See id. at 20 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Liggon-Redding v. Estate of Robert Sugarman green
ca3 · 2011
1 sentence

2019The purpose of the Rule, as noted by one appellate court, is “to ensure that professional negligence claims are meritorious . . . the certificate-of-merit requirement prevents needless waste of judicial time and resources, which would otherwise be spent on non-meritorious claims.” Liggon-Redding v. Estate of Sugarman, 659 F.3d 258 , 262-63 (3d Cir. 2011).1 In other words, a plaintiff must verify at the outset of the case that an expert supports his theory of professional negligence.

12019–2019
Freed v. Geisinger Medical Center green
pa · 2010
2 sentences

2014In his dissenting opinion in Freed v. Geisinger Medical Center, 5 A.3d 212 (Pa. 2010), Justice Saylor commented on the relationship of the Supreme Court to the legislature and the certificate of merit requirement. 5 A.3d at 225-228 .

2014In his dissenting opinion in Freed v. Geisinger Medical Center, 5 A.3d 212 (Pa. 2010), Justice Saylor commented on the relationship of the Supreme Court to the legislature and the certificate of merit requirement. 5 A.3d at 225-228 .

12014–2014
Bilt-Rite Contractors, Inc. v. Architectural Studio green
pa · 2005
1 sentence

2014The court noted that our Court in Bilt-Rite, supra, recognized that engineers may be found professionally liable to third parties when it is foreseeable that the information the [J-23-2014] - 9 engineers provide to a client will be used and relied on by the third party.

12014–2014
Womer v. Hilliker neutral
pa · 2005
1 sentence

2005Pa.R.C.P. 3051. .We note that the Pennsylvania Supreme Court granted allocatur in Womer v. Hilliker, 860 A.2d 1144 (Pa.Super.2004) (unpublished memorandum), appeal granted, -Pa. -, 869 A.2d 482 (2005), limited to the question of: whether the Superior Court erred in finding that petitioner alleged sufficient facts to warrant opening the judgment of non pros, where respondent failed to comply with the certificate of merit requirement set forth in Pa.R.C.P. 1042.3.

12005–2005

Where else courts name it

TX 59 (2009–2026) WA 16 (2009–2025) CA 15 (2004–2025) PA 10 (2005–2026) IA 10 (2022–2026) WV 3 (2003–2015) NY 3 (1989–2016) IL 2 (1997–1997) VT 2 (2017–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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