No. 24-440

Harold R. Berk v. Wilson C. Choy, et al.

Lower Court: Third Circuit
Docketed: 2024-10-18
Status: Judgment Issued
Type: Paid
Amici (13)Response RequestedResponse WaivedRelisted (3) Experienced Counsel
Tags: affidavit-of-merit circuit-split expert-testimony federal-civil-procedure federal-jurisdiction state-procedural-rules
Latest Conference: 2025-03-07 (distributed 3 times)
Question Presented (from Petition)

Whether a state law providing that a complaint must be dismissed unless it is accompanied by an expert affidavit may be applied in federal court.

Question Presented (AI Summary)

Whether a state law providing that a complaint must be dismissed unless it is accompanied by an expert affidavit may be applied in federal court

Docket Entries

2026-02-23
Judgment Issued.
2026-01-20
Judgment 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.
2025-10-06
Argued. For petitioner: Andrew T. Tutt, Washington, D. C. For respondents: Frederick R. Yarger, Denver, Colo.
2025-09-23
Record received electronically from the United States Court of Appeals for the Third Circuit and available with the Clerk.
2025-09-05
Motion for divided argument filed by respondents DENIED.
2025-09-02
CIRCULATED
2025-08-29
Reply of petitioner Harold R. Berk filed. (Distributed)
2025-08-29
Reply of Harold R. Berk submitted.
2025-08-13
Record requested from the United States Court of Appeals for the Third Circuit.
2025-08-12
SET FOR ARGUMENT on Monday, October 6, 2025.
2025-08-07
2025-08-06
Brief amici curiae of Insurance Companies, et al. filed.
2025-08-06
Amicus brief of State of Tennessee and Twenty-Six Other States submitted.
2025-08-06
Amicus brief of Insurance Companies, Trade Associations, and Non-Profit Organization with an Interest in Preserving Access to Quality, Affordable Healthcare submitted.
2025-08-06
Brief amici curiae of American Hospital Association, et al. filed.
2025-08-06
Brief amici curiae of Tennessee, et al. filed.
2025-08-05
Amicus brief of Professor Michael T. Morley submitted.
2025-08-05
2025-08-04
2025-08-04
Amicus brief of American Medical Association, Medical Society of Delaware, Medical Society of New Jersey, and Pennsylvania Medical Society submitted.
2025-08-01
Brief amicus curiae of DRI Center for Law and Public Policy filed.
2025-08-01
Brief amicus curiae of DRI Center for Law and Public Policy filed (August 11, 2025).
2025-08-01
Brief amicus curiae of The DRI Center for Law and Public Policy filed.
2025-08-01
Amicus brief of The DRI Center for Law and Public Policy submitted.
2025-07-30
2025-07-30
2025-07-30
Brief of Beebe Medical Center submitted.
2025-07-30
Brief of Wilson C. Choy, MD submitted.
2025-06-11
Motion for divided argument filed by respondents Wilson C. Choy, MD.
2025-06-11
Motion for divided argument filed by respondents.
2025-06-03
Brief amicus curiae of Honorable Mark W. Bennett, et al. filed.
2025-06-03
2025-06-03
2025-06-03
2025-06-03
Amicus brief of Honorables Mark W. Bennett and Royal Furgeson submitted.
2025-06-03
2025-06-03
Amicus brief of PUBLIC JUSTICE submitted.
2025-05-27
Joint appendix filed. (Statement of costs filed)
2025-05-27
Brief of Harold R. Berk submitted.
2025-05-27
Joint Appendix submitted.
2025-05-27
2025-05-19
Motion of Wilson C. Choy, MD for divided argument submitted.
2025-03-27
Motion 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.
2025-03-25
Motion for an extension of time to file the briefs on the merits filed.
2025-03-25
Motion of Harold R. Berk for an extension of time submitted.
2025-03-10
Petition GRANTED.
2025-03-03
DISTRIBUTED for Conference of 3/7/2025.
2025-02-12
DISTRIBUTED for Conference of 2/28/2025.
2025-02-10
2025-02-10
Reply of Harold R. Berk submitted.
2025-01-27
Brief of respondents Beebe Medical Center, et al. in opposition filed.
2025-01-27
Brief of Beebe Medical Center in opposition submitted.
2024-12-26
Response Requested. (Due January 27, 2025)
2024-12-18
Waiver of right of respondent Wilson C. Choy, MD to respond filed.
2024-12-18
DISTRIBUTED for Conference of 1/10/2025.
2024-12-17
Waiver of right of respondent Wilson C. Choy, MD to respond filed.
2024-12-17
Waiver of Wilson C. Choy, MD of right to respond submitted.
2024-12-17
Waiver of right of respondent Beebe Medical Center to respond filed.
2024-12-13
Letter from counsel for petitioner submitted pursuant to Rule 12.6 filed.
2024-12-13
Letter from counsel for petitioner submitted pursuant to Rule 12.6 filed. of Harold R. Berk submitted.
2024-11-18
2024-10-30
Motion to extend the time to file a response is granted and the time is extended to and including December 18, 2024, for all respondents.
2024-10-28
Motion 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.
2024-10-16
Petition for a writ of certiorari filed. (Response due November 18, 2024)

Attorneys

American Association for Justice
Robert S. PeckCenter for Constitutional Litigation, PC, Amicus
American Hospital Association, et al.
Colleen Elizabeth Roh SinzdakMilbank LLP, Amicus
American Medical Association, Medical Society of Delaware, Medical Society of New Jersey, and Pennsylvania Medical Society
Jack R. BierigArentFox Schiff LLP, Amicus
Beebe Medical Center
John J. HareMarshall Dennehey, P.C. , Respondent
David Meir ZiontsCovington & Burlington LLP, Respondent
Sarah Elaine HarringtonCovington & Burling LLP, Respondent
Civil Procedure Professors
Alan B. MorrisonGeorge Washington Law School, Amicus
Encompass Health Rehabilitation Hospital of Middletown, LLC
Matthew Howard LembkeBradley Arant Rose & White, Respondent
Harold R. Berk
Andrew Timothy TuttArnold & Porter Kaye Scholer, Petitioner
Honorables Mark W. Bennett and Royal Furgeson
Donald Chanslor GallensteinKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Amicus
Insurance Companies, Trade Associations, and Non-Profit Organization with an Interest in Preserving Access to Quality, Affordable Healthcare
Kendra Nychel BeckwithWomble Bond Dickinson (US) LLP, Amicus
Professor Michael T. Morley
Richard A. SimpsonWiley Rein, LLP, Amicus
PUBLIC JUSTICE
John J. KorzenWake Forest University School of Law, Amicus
State of Tennessee and Twenty-Six Other States
James Matthew RiceOffice of Tennessee Attorney General, Amicus
The DRI Center for Law and Public Policy
Hillary Ann TaylorKeating Jones Hughes, P.C, Amicus
Wilson C. Choy, MD
Nathan Vincent GinElzufon Austin & Mondell, P.A., Respondent
Frederick Richard YargerWheeler Trigg O'Donnell LLP, Respondent