Berk v. Choy · ¶56

The majority discerns a conflict with Rule 8 by reasoning as follows. With respect to the dismissal-related question quoted above, Delaware’s law says that such a complaint must be dismissed because the affidavit of merit is missing, whereas Rule 8 prescribes all “the information a plaintiff must present about the merits of his claim at the outset of litigation”—namely, “‘a short and plain statement of the claim showing that [he] is entitled to relief.’” Ante, at 5 (quoting Fed. Rule Civ. Proc. 8(a)(2)). “By requiring no more than a statement of the claim,” the majority continues, “Rule 8 establishes ‘implicitly, but with unmistakable clarity,’ . . . that evidence of the claim is not required.’” Ante, at 5.

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