Berk v. Choy
Holding
Delaware law requiring a plaintiff suing for medical malpractice to provide an affidavit from a medical professional attesting to the suit’s merit conflicts with a valid Federal Rule of Civil Procedure and does not apply in federal court.
Judgment
Reversed and remanded, 9-0, in an opinion by Amy Coney Barrett on Jan 20, 2026. Justice Jackson filed an opinion concurring in the judgment.
Oct 16, 2024Petition for a writ of certiorari filed. (Response due November 18, 2024)Oct 28, 2024Motion of Encompass Health Rehabilitation Hospital of Middletown, LLC to extend the time to file a response from November 18, 2024 to December 18, 2024, submitted to The Clerk.
Oct 30, 2024Motion to extend the time to file a response is granted and the time is extended to and including December 18, 2024, for all respondents.
Nov 18, 2024Brief amici curiae of Civil Procedure Professors filed.Dec 13, 2024Letter from counsel for petitioner submitted pursuant to Rule 12.6 filed.Dec 17, 2024Waiver of right of respondent Beebe Medical Center to respond filed.Dec 17, 2024Waiver of right of respondent Wilson C. Choy, MD to respond filed.Dec 18, 2024DISTRIBUTED for Conference of 1/10/2025.
Dec 26, 2024Response Requested. (Due January 27, 2025)
Jan 27, 2025Brief of respondents Beebe Medical Center, et al. in opposition filed.Feb 10, 2025Reply of petitioner Harold R. Berk filed. (Distributed)Feb 12, 2025DISTRIBUTED for Conference of 2/28/2025.
Mar 3, 2025DISTRIBUTED for Conference of 3/7/2025.
Mar 10, 2025Petition GRANTED.
Mar 25, 2025Motion for an extension of time to file the briefs on the merits filed.Mar 27, 2025Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 27, 2025. The time to file respondents' brief on the merits is extended to and including July 30, 2025.
May 27, 2025Brief of petitioner Harold R. Berk filed.May 27, 2025Joint appendix filed. (Statement of costs filed)Jun 3, 2025Brief amicus curiae of American Association for Justice filed.Jun 3, 2025Brief amicus curiae of Public Justice filed.Jun 3, 2025Brief amici curiae of Civil Procedure Professors filed.Jun 3, 2025Brief amicus curiae of Honorable Mark W. Bennett, et al. filed.Jun 11, 2025Motion for divided argument filed by respondents.Jul 30, 2025Brief of respondent Wilson C. Choy, MD filed.Jul 30, 2025Brief of respondent Beebe Medical Center filed.Aug 1, 2025Amicus brief of DRI Center for Law and Public Policy not accepted for filing. (August 06, 2025 - Corrected brief to be submitted.)
Aug 1, 2025Brief amicus curiae of DRI Center for Law and Public Policy filed (August 11, 2025).Aug 4, 2025Brief amici curiae of American Medical Association, et al. filed.Aug 5, 2025Brief amicus curiae of Professor Michael T. Morley filed.Aug 6, 2025Brief amici curiae of American Hospital Association, et al. filed.Aug 6, 2025Brief amici curiae of Insurance Companies, et al. filed.Aug 6, 2025Brief amici curiae of Tennessee, et al. filed.Aug 12, 2025SET FOR ARGUMENT on Monday, October 6, 2025.
Aug 13, 2025Record requested from the United States Court of Appeals for the Third Circuit.
Aug 29, 2025Reply of petitioner Harold R. Berk filed. (Distributed)Sep 2, 2025CIRCULATED
Sep 5, 2025Motion for divided argument filed by respondents DENIED.
Sep 23, 2025Record received electronically from the United States Court of Appeals for the Third Circuit and available with the Clerk.
Oct 6, 2025Argued. For petitioner: Andrew T. Tutt, Washington, D. C. For respondents: Frederick R. Yarger, Denver, Colo.
Jan 20, 2026Judgment REVERSED and case REMANDED. Barrett, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Jackson, J., filed an opinion concurring in the judgment.
Feb 23, 2026Judgment Issued.Recommended Citation: Berk v. Choy, SCOTUSblog, https://www.scotusblog.com/cases/berk-v-choy/