Peter Espey (Of Counsel-Madison, NJ) was quoted in the article “‘Gotcha’ No More? NJ Fed Court Considers Early Test for Affidavit of Merit Disputes in Med Mal Suits,” appearing in the June 24, 2026, posting of Law.com. The article examines a proposed amendment to Local Civil Rule 16.1, under consideration by the U.S. District Court for the District of New Jersey, and explores differing views from the plaintiffs’ and defense bars regarding the proposal. Peter notes that the proposed amendment appears to be a response to the U.S. Supreme Court’s recent decision in Berk v. Choy, which held that Delaware’s state law affidavit-of-merit requirements do not apply in federal medical malpractice actions. He observes that the change could influence forum-selection decisions, stating, “I think the future impact here is that this is probably going to discourage some defendants from trying to remove to federal court. Because if the court is less receptive to future affidavit of merit requirements, then that disincentivizes trying to get a case in federal court.” Peter also weighs in on the practical impact of addressing affidavit-of-merit disputes earlier in litigation, noting that “The better practice is to bring it up early if you can.” At the same time, he explains that certain issues may not become apparent until later in a case, particularly in complex medical malpractice matters involving expert qualifications, specialties, and certifications. As he noted, “... That can get very nuanced.”