from the United States Court of Appeals for the Third Circuit
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Judgment Issued.
Judgment REVERSED and case REMANDED. Barrett, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/25pdf/24-440_1b82.pdf'>opinion</a> 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.
Argued. For petitioner: Andrew T. Tutt, Washington, D. C. For respondents: Frederick R. Yarger, Denver, Colo.
Record received electronically from the United States Court of Appeals for the Third Circuit and available with the Clerk.
Motion for divided argument filed by respondents DENIED.
CIRCULATED
Reply of petitioner Harold R. Berk filed. (Distributed)
Record requested from the United States Court of Appeals for the Third Circuit.
SET FOR ARGUMENT on Monday, October 6, 2025.
Brief amici curiae of Tennessee, et al. filed.
Brief amici curiae of Insurance Companies, et al. filed.
Brief amici curiae of American Hospital Association, et al. filed.
Brief amicus curiae of Professor Michael T. Morley filed.
Brief amici curiae of American Medical Association, et al. filed.
Brief amicus curiae of DRI Center for Law and Public Policy filed (August 11, 2025).
Amicus brief of DRI Center for Law and Public Policy not accepted for filing. (August 06, 2025 - Corrected brief to be submitted.)
Brief of respondent Beebe Medical Center filed.
Brief of respondent Wilson C. Choy, MD filed.
Motion for divided argument filed by respondents.
Brief amicus curiae of American Association for Justice filed.
Brief amicus curiae of Public Justice filed.
Brief amici curiae of Civil Procedure Professors filed.
Brief amicus curiae of Honorable Mark W. Bennett, et al. filed.
Joint appendix filed. (Statement of costs filed)
Brief of petitioner Harold R. Berk filed.
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.
Motion for an extension of time to file the briefs on the merits filed.
Petition GRANTED.
Reply of petitioner Harold R. Berk filed. (Distributed)
Brief of respondents Beebe Medical Center, et al. in opposition filed.
Response Requested. (Due January 27, 2025)
Waiver of right of respondent Wilson C. Choy, MD to respond filed.
Waiver of right of respondent Beebe Medical Center to respond filed.
Letter from counsel for petitioner submitted pursuant to Rule 12.6 filed.
Brief amici curiae of Civil Procedure Professors filed.
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.
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.
Petition for a writ of certiorari filed. (Response due November 18, 2024)
Harold R. Berk, Petitioner, represented by Andrew Timothy Tutt
Beebe Medical Center, Respondent, represented by John J. Hare
Beebe Medical Center, Respondent, represented by David Meir Zionts
Beebe Medical Center, Respondent, represented by Sarah Elaine Harrington
Encompass Health Rehabilitation Hospital of Middletown, LLC, Respondent, represented by Matthew Howard Lembke
Wilson C. Choy, MD, Respondent, represented by Frederick Richard Yarger
Wilson C. Choy, MD, Respondent, represented by Nathan Vincent Gin
American Association for Justice, Amicus Curiae, represented by Robert S. Peck
American Hospital Association, et al., Amicus Curiae, represented by Colleen Elizabeth Roh Sinzdak
American Medical Association, Medical Society of Delaware, Medical Society of New Jersey, and Pennsylvania Medical Society, Amicus Curiae, represented by Jack R. Bierig
Civil Procedure Professors, Amicus Curiae, represented by Alan B. Morrison
Honorables Mark W. Bennett and Royal Furgeson, Amicus Curiae, represented by Donald Chanslor Gallenstein
Insurance Companies, Trade Associations, and Non-Profit Organization with an Interest in Preserving Access to Quality, Affordable Healthcare, Amicus Curiae, represented by Kendra Nychel Beckwith
Professor Michael T. Morley, Amicus Curiae, represented by Richard A. Simpson
PUBLIC JUSTICE, Amicus Curiae, represented by John J. Korzen
State of Tennessee and Twenty-Six Other States, Amicus Curiae, represented by James Matthew Rice
The DRI Center for Law and Public Policy, Amicus Curiae, represented by Hillary Ann Taylor