• Do Not Let the Third Circuit’s Recent Decision in Liggon-Redding v. Estate of Robert Sugarman Scare You: An Alternative Method to Dispose of Meritless Legal Malpractice Actions Remains
  • October 31, 2011 | Author: Stephen J. Shapiro
  • Law Firm: Schnader Harrison Segal & Lewis LLP - Philadelphia Office
  • Pennsylvania Rule of Civil Procedure 1042.3, the Certificate of Merit Rule, requires a plaintiff in a malpractice action to certify that he or she has obtained from an appropriate expert an opinion that the defendant’s work likely fell outside the acceptable professional standards and caused the plaintiff’s damages. In the alternative, a plaintiff may satisfy the Rule by certifying that such expert testimony is not necessary to prosecute his or her claim. A plaintiff who certifies that expert testimony is not necessary is, under the Rule, barred from later presenting expert testimony, in the absence of exceptional circumstances.