Episode Details

OA1250 - A fall out of bed during a vacation in Delaware turned into a Supreme Court case, decided this term, that could have big implications for states’ rights to limit tort suits… in federal court. Did Delaware take a good-faith precautionary measure to reduce frivolous medical malpractice lawsuits? Or did they put up an unfair barrier to plaintiffs who deserve restitution? Perhaps reasonable people can disagree on that. But in the rare circumstance you manage to bring that state tort case into a federal courtroom, SCOTUS ruled 9-0 that it’s clear Delaware’s rule is a step too far. (They can still do what they want in their own courts, but not here). How far-reaching will the consequences be? Legal reporting seems split!

Come for the (brief, not too gory) medical drama, stay for the review of the Erie Doctrine so you can pass your Federal Civil Procedure class. A nice chill case where the world isn’t burning down and the justices mostly act like normal respectful people.

• Berk v. Choy, 607 U.S. ___ (2026)

• Erie Railroad Co. v. Tompkins, 304 U.S. 64 (1938)

• Rules Enabling Act of 1934: 28 U.S.C. § 2071-2077

• Federal Rules of Civil Procedure

• Robert Niles-Weed, A Sleeper Supreme Court Case Opens Door to More Frivolous Suits, Bloomberg Law, Mar. 3, 2026.

• Ronald Mann, Justices Reject State Limits on Malpractice Actions for Cases in Federal Court, SCOTUSblog, Jan. 21, 2026.

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