Thursday, July 02, 2009

certificate of merit - actions against licensed professionals

Zatuchni v. Richman, et al - ED Pa. - June 30, 2009

Under Pennsylvania law, a Certificate of Merit (COM) is required when a professional liability claim is asserted against a licensed professional, and when it is asserted against “a partnership, unincorporated association, corporation or similar entity where the entity is responsible for a licensed professional who deviated from an acceptable professional standard.”26 PA. R. CIV. P. 1042.1(a).

This rule is one of substantive law to be applied by federal courts sitting in diversity.
A COM must be filed for all actions, whether in state or federal court, that are “based upon an allegation that a licensed professional deviated from an acceptable professional standard.”