Berk v. Choy · ¶39

Thus, §6853 and Rule 3 conflict regarding the requirements to “commence” a medical malpractice action. If a federal court were to follow Delaware’s law, a plaintiff would have to do more than merely tender the complaint in order for his medical malpractice lawsuit to be filed and docketed. But, under the language of Rule 3, civil suits commence as soon as the complaint—and only the complaint—has been filed by the plaintiff. In my view, this clash warrants reversal here.

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