Berk v. Choy · ¶48

The majority and I start in the same place and ultimately reach the same conclusion, but we have taken different paths, marked by different assumptions and nuances. I agree with the majority that the first step of today's analysis is to identify the relevant confict by ascertaining the question that the Delaware law and the Federal Rule “attemp[t] to answer.” Shady Grove, 559 U. S., at 399; see ante, at 192. But I disagree that, in this case, “the disputed question is whether Berk's lawsuit may be dismissed because his complaint was not accompanied by an expert affidavit.” Ante, at 192–193. Here is why.

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