Oral Argument Re-Listen: Berk v. Choy | Case No. 24-440 | Oral Argument Date: 10/6/25
The High Court Report · SCOTUS Oral Arguments
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Show Notes
Oral Argument Re-Listen: Berk v. Choy | Case No. 24-440 | Oral Argument Date: 10/6/25
Link to Docket: Here
Episode Preview: Here
Background:
Question Presented: 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.
Oral Advocates:
- For Petitioner: Andrew T. Tutt, Washington, D.C.
- For Respondent: Frederick R. Yarger, Denver, CO.
Holding: Delaware’s affidavit law does not apply in federal court.
Result: Reversed and remanded.
Voting Breakdown: 9-0. Justice Barrett wrote the majority opinion. Justice Jackson wrote an opinion concurring in the result.
Link to Opinion: Here.
Timestamps:
[00:00:00] Argument Intro
[00:00:33] Argument Begins
[00:00:39] Petitioner Opening Statement
[00:02:57] Petitioner Free for All Questions
[00:25:46] Petitioner Sequential Questions
[00:31:36] Respondent Opening Statement
[00:33:52] Respondent Free For All Questions
[00:59:19] Respondent Sequential Questions
[01:00:05] Petitioner Rebuttal