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:

1. For Petitioner: Andrew T. Tutt, Washington, D.C.
2. 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