Partridge Snow & Hahn Litigation & Disputes Associate James P. McGlone examines the potential impact on Rhode Island federal court practice of a recent U.S. Supreme Court decision, in his article published in the Rhode Island Bar Journal.
In Berk v. Choy, the Supreme Court addressed whether a Delaware state-law affidavit requirement applied to claims brought in federal court and held that the state procedural requirements at issue yielded to the Federal Rules of Civil Procedure. Drawing on that analysis, Jim analyzes the potential implications for Rhode Island’s “Tri-Town affidavit” requirement, which requires supporting affidavits or expert testimony when seeking an award of attorney’s fees under Rhode Island law.
Jim’s article explores how Berk v. Choy may require divergences between state and federal court practice, including whether Rhode Island’s attorney’s fee affidavit requirement remains applicable in federal proceedings. His analysis highlights an evolving issue for litigants navigating contractual fee-shifting and considers what the Supreme Court’s ruling may mean for federal court strategy and practice.
Access Jim’s complete article, “U.S. Supreme Court’s Berk v. Choy Decision: Implications for Rhode Island Federal Court Practice,” in the July/August 2026 issue (beginning on page 9) of the Rhode Island Bar Journal.
