Berk v. Choy · ¶28
Defendants offer a workaround: They rewrite Delaware's law. While § 6853 provides that an affidavit must “accompan[y]” the complaint, defendants suggest that the district court can simply require it “early in [a] case.” Brief for Respondent Beebe 13; see also Brief for Respondent Choy 36 (suggesting affidavit can be fled “weeks” or “months” after the complaint). This proposal is inspired by § 6853's allowance for an extension of time in which to file the affidavit. But defendants treat this exception—which is available only “for good cause shown”—as the rule and rework the exception to boot. In federal court, apparently, an extension motion need not precede or accompany the complaint; nor is the district court limited to granting one 60-day extension. See, e. g., Brief for Respondent Beebe 23–25. And defendants' proposed changes do not stop there: They would also have us delete the…Read in context ›
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