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Berk v. Choy and the Federal Forum Question: A Strategic Guide for Professional Liability Defense

The Supreme Court's January 20, 2026 decision in Berk v. Choy, 607 U.S. 187 (2026), has drawn considerable attention for what it does: it renders state affidavit of merit and certificate of merit requirements unenforceable in federal court when they conflict with the Federal Rules of Civil Procedure. For defense counsel representing licensed professionals across a wide range of disciplines (physicians, attorneys, engineers, architects, accountants, and others), the more pressing question is what the decision means for strategy: specifically, whether to remove a case to federal court in the first place.

Can Your Spouse Disinherit You? How Marriage Protects the Family 

May 9, 2023

It’s the stuff of low-budget movies. The grieving widow, dressed in black with her face veiled, sits in the attorney’s oak-paneled conference room for the reading of the will.  Mystery surrounds the proceedings. Who among the family members present will inherit the patriarch’s vast estate?  

Three Reasons a Lawyer Should Settle Your Estate

March 7, 2023

When a loved one has died, the shock and sorrow of their loss may quickly lead to another emotional jolt—the prospect of having to settle their estate. Being named personal representative (executor) under someone’s will is both an honor and a burden. The process usually takes several months. There will likely be financial accounts to marshal, real estate to deal with, bills and taxes to pay, and probate filings to prepare—all at an emotionally difficult time.

Why Your Estate Plan Might Need a Tune-up

January 5, 2023

An estate plan is a set of papers that usually includes a will, durable power of attorney, and advance medical directive. These essential documents can help you manage financial and health-related matters if you ever become incapacitated, and they should provide for the efficient transfer of your assets upon your death.

IRS extends portability deadline for Surviving Spouses to 5 years

July 18, 2022

Since the adoption of “portability,” which allows a surviving spouse to apply a deceased spouse’s unused exclusion amount (DSUE) to the surviving spouse’s gift and estate transfers, the IRS has been flooded with requests to extend the portability filing deadline in estates where an estate tax return was not required, i.e. where the value of the gross estate, adjusted for taxable gifts, fell below the federal exclusion amount for the decedent’s year of death. 

Is Same-Sex Marriage in Jeopardy?

June 27, 2022

The Supreme Court’s decision overturning Roe v. Wade has sent abortion-rights advocates reeling. In a 6–3 opinion, the Court ended a constitutional right that was the law of the land for nearly half a century. The ruling could put other constitutional rights in jeopardy as well. Many in the LGBTQ community are asking, “Is same-sex marriage next?”