Berk v. Choy · ¶66

The majority and I appear to agree that Delaware's affidavit requirement—as interpreted by the Delaware Supreme Court—conficts with Rule 12(d). See ante, at 193. That confict suffces to displace § 6853's requirement. But to the extent that the majority ties its Rule 12 analysis to the purported Rule 8 confict, see ibid., I think the majority has gone further than it needs to, introducing incoherence in the process.

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