Lashly & Baer, P.C.

An ‘Erie’ Choice-of-Law Ruling for Medical Malpractice Defendants: U.S. Supreme Court Rejects State Affidavit of Merit Laws in Favor of Federal Pleading Requirements

When healthcare providers are sued for medical negligence in federal court, an affidavit of merit is likely no longer required for the case to survive the pleading stage. This is because of the United States Supreme Court’s recent decision in Berk v. Choy, answering the long asked – and unevenly Read more

DEA Provides Fourth Extension of Rules Allowing Telemedicine Prescribing of Controlled Substances

February, 2026: The use of telemedicine to prescribe controlled substances has seen a dramatic increase in recent years, accelerated by the COVID-19 pandemic and subsequent temporary flexibilities in regulations. On December 30, 2025, the U.S. Drug Enforcement Administration (DEA) and the Department of Health and Human Services published the fourth Read more