Washington State Supreme Court recently struck down the state's "certificate of merit" law as being unconstitutional.[PDF] Description: Virginia has a "certificate of merit" requirement -- a plaintiff cannot serve a lawsuit on a doctor or other health care professional without having a statement that the case has merit. The Washington Supreme Court recently held such a requirement unconstitutional: "The certificate of merit requirement essentially requires plaintiffs to submit evidence supporting their claims before they even have an opportunity to conduct discovery and obtain such evidence."