Brian Schmigel v. Miroslav Uchal

OPINION OF THE COURT

KRAUSE, Circuit Judge:

In 2003, the Pennsylvania Supreme Court grew troubled by the frequency of meritless professional malpractice claims filed in the state system. To address that concern, the Court amended the Pennsyl*115vania Rules of Civil Procedure to require malpractice plaintiffs or their attorneys to file a certifícate of merit (“COM”) within sixty days of bringing suit. Failure to comply conferred upon a defendant the right to have the action dismissed. Five years after the COM regime was enacted, however, Justices of the Supreme Court grew concerned that it had the…