Oral Argument Preview | Berk v. Choy | Showdown Over Federal Uniformity and State Authority
Oral Argument Preview | Berk v. Choy | Showdown Over Federal Uniformity and State Authority  
Podcast: SCOTUS Oral Arguments and Opinions
Published On: Wed Sep 17 2025
Description: Berk v. Choy | Case No. 24-440 | Oral Argument Date: 10/6/25 | Docket Link: HereQuestion Presented: Whether Delaware's expert affidavit requirement for medical malpractice claims conflicts with Federal Rules of Civil Procedure when applied in federal diversity casesEpisode OverviewThis episode examines Berk v. Choy, a case that started with a simple fall but could reshape how federal courts handle state law requirements across the country. The Supreme Court must decide whether Delaware's expert affidavit requirement for medical malpractice claims conflicts with Federal Rules of Civil Procedure when applied in federal diversity cases, presenting a fundamental clash between federal procedural uniformity and state regulatory authority.RoadmapOpening: A Fall That Could Reshape Federal Court PracticeHarold Berk's fall from bed leads to medical malpractice case with nationwide implicationsDelaware's expert affidavit requirement vs. Federal Rules of Civil Procedure29 states with similar medical malpractice requirements creating potential patchworkThe Legal Framework: Erie Meets the Federal RulesErie Doctrine (1938): Federal courts must apply state substantive law for state claimsFederal Rules of Civil Procedure (1938): Uniform procedures for all federal courtsShady Grove Test: When Federal Rule and state law "answer the same question," Federal Rule winsTension between federal procedural uniformity and state regulatory authorityThe Shady Grove FoundationShady Grove Orthopedic Associates v. Allstate Insurance (2010) background$500 individual claim vs. multimillion-dollar class action potentialNew York's prohibition on statutory penalty class actions vs. Federal Rule 23Fractured Decision: Scalia plurality vs. Stevens concurrence vs. four dissentsThe Procedural Journey: From Delaware District Court to the Supreme CourtBerk's five-month struggle to obtain required expert affidavitDr. Raikin's refusal despite initially supporting Berk's caseMultiple physicians declining to provide affidavits against other doctorsThird Circuit's dismissal: affidavit "not a pleading" with "different purpose"Petitioner's Three-Pronged AttackDirect conflict with Federal Rules 8 and 9 under Shady Grove testUniformity concerns: Undermines federal procedural consistency established in 1938Anti-circumvention: State requirements shouldn't allow end-run around federal pleading standardsRespondents' Three-Part DefenseSeparate spheres: Delaware law operates as evidentiary requirement distinct from pleading rulesErie compliance: Represents substantive state law that federal courts must respectLimited Shady Grove: Fractured decision provides narrow precedential valueCASE SIGNIFICANCEThe outcome will likely determine whether federal courts remain faithful to both federal procedural uniformity and state substantive authority, or whether one value must give way to the other in the modern era of complex state regulatory schemes.Key Legal Concepts ExplainedDiversity Jurisdiction: Federal court authority over cases between citizens of different states involving state law claimsErie Doctrine: Principle requiring federal courts to apply state substantive law in diversity cases while using federal procedureFederal...