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Berk v. Choy

Docket No. Op. BelowArgument Opinion Vote Author Term
24-440 3rd Cir. Oct 6, 2025 Jan 20, 2026 9-0 Barrett OT 2025

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 Justice Barrett on January 20, 2026. Justice Jackson filed an opinion concurring in the judgment.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
10/16/2024Petition for a writ of certiorari filed. (Response due November 18, 2024)
10/28/2024Motion 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.
10/30/2024Motion to extend the time to file a response is granted and the time is extended to and including December 18, 2024, for all respondents.
11/18/2024Brief amici curiae of Civil Procedure Professors filed.
12/13/2024Letter from counsel for petitioner submitted pursuant to Rule 12.6 filed.
12/17/2024Waiver of right of respondent Beebe Medical Center to respond filed.
12/17/2024Waiver of right of respondent Wilson C. Choy, MD to respond filed.
12/18/2024DISTRIBUTED for Conference of 1/10/2025.
12/26/2024Response Requested. (Due January 27, 2025)
01/27/2025Brief of respondents Beebe Medical Center, et al. in opposition filed.
02/10/2025Reply of petitioner Harold R. Berk filed. (Distributed)
02/12/2025DISTRIBUTED for Conference of 2/28/2025.
03/03/2025DISTRIBUTED for Conference of 3/7/2025.
03/10/2025Petition GRANTED.
03/25/2025Motion for an extension of time to file the briefs on the merits filed.
03/27/2025Motion 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.
05/27/2025Brief of petitioner Harold R. Berk filed.
05/27/2025Joint appendix filed. (Statement of costs filed)
06/03/2025Brief amicus curiae of American Association for Justice filed.
06/03/2025Brief amicus curiae of Public Justice filed.
06/03/2025Brief amici curiae of Civil Procedure Professors filed.
06/03/2025Brief amicus curiae of Honorable Mark W. Bennett, et al. filed.
06/11/2025Motion for divided argument filed by respondents.
07/30/2025Brief of respondent Wilson C. Choy, MD filed.
07/30/2025Brief of respondent Beebe Medical Center filed.
08/01/2025Amicus brief of DRI Center for Law and Public Policy not accepted for filing. (August 06, 2025 - Corrected brief to be submitted.)
08/01/2025Brief amicus curiae of DRI Center for Law and Public Policy filed (August 11, 2025).
08/04/2025Brief amici curiae of American Medical Association, et al. filed.
08/05/2025Brief amicus curiae of Professor Michael T. Morley filed.
08/06/2025Brief amici curiae of American Hospital Association, et al. filed.
08/06/2025Brief amici curiae of Insurance Companies, et al. filed.
08/06/2025Brief amici curiae of Tennessee, et al. filed.
08/12/2025SET FOR ARGUMENT on Monday, October 6, 2025.
08/13/2025Record requested from the United States Court of Appeals for the Third Circuit.
08/29/2025Reply of petitioner Harold R. Berk filed. (Distributed)
09/02/2025CIRCULATED
09/05/2025Motion for divided argument filed by respondents DENIED.
09/23/2025Record received electronically from the United States Court of Appeals for the Third Circuit and available with the Clerk.
10/06/2025Argued. For petitioner: Andrew T. Tutt, Washington, D. C. For respondents: Frederick R. Yarger, Denver, Colo.
01/20/2026Judgment 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.