Ntl. Legal and Policy Center, et al v. Berkshire Hathaway, et al
| National Legal and Policy Center, Peter T. Flaherty and James R. Tovar, also known as Jamie R. Tovar |
| Berkshire Hathaway, Inc., Warren Buffet, Chris Thompson and Dan Clark |
| 25-2759 |
| September 9, 2025 |
| U.S. Court of Appeals, Eighth Circuit |
| Other Personal Injury |
Docket Report
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This docket was last retrieved on February 19, 2026. A more recent docket listing may be available from PACER.
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| CASE REMOVED FROM CALENDAR. [5609949] [25-2759] (JMM) [Entered: 02/19/2026 03:15 PM] |
| JUDGE ORDER: The unopposed motion to continue oral argument has been considered by the court and is granted. [ # 5608486-2 ] Hrg Mar 2026 [5609100] [25-2759] (JMM) [Entered: 02/18/2026 09:06 AM] |
| MOTION to reschedule oral argument from 03/17/2026 until Any other date consistent with the scheduling conflicts of which counsel for all parties have previously advised the Court., filed by Attorney Jeffrey Edward McFadden for Appellants Peter T. Flaherty, National Legal and Policy Center and James R. Tovar w/service 02/16/2026. [5608486] [25-2759] (JEM) [Entered: 02/16/2026 01:41 PM] |
| SET FOR ARGUMENT - CASE PLACED ON CALENDAR - for Argument in St. Paul on Tuesday, March 17, 2026. To be heard before Judges Bobby E. Shepherd, Ralph R. Erickson and L. Steven Grasz in Division II. The courtroom deputy will be Michelle. All attorneys presenting oral argument must complete a Response Form. # Click Here to Complete the Oral Argument Response Form . # Click Here for the Complete Calendar PLEASE REVIEW THE ENTIRE CALENDAR CAREFULLY, PARTICULARLY THE COUNSEL NOTICE PAGE. If you are appointed counsel under the Criminal Justice Act and require airline transportation to oral argument, the court will issue a travel authorization the next business day. [5608000] [25-2759] (JMM) [Entered: 02/13/2026 09:09 AM] |
| Paper copies Reply brief, [ # 5602090-2 ] filed by Peter T. Flaherty, National Legal and Policy Center and James R. Tovar 10 paper copies received. [5604659] [25-2759] (DNS) [Entered: 02/04/2026 01:52 PM] |
| BRIEF FILED - APPELLANT REPLY BRIEF filed by Peter T. Flaherty, National Legal and Policy Center and James R. Tovar w/service 01/28/2026 , Length: 3,881 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Peter T. Flaherty, National Legal and Policy Center and James R. Tovar due 02/02/2026 WITH certificate of service for paper briefs [5602090] [25-2759] (DNS) [Entered: 01/28/2026 02:54 PM] |
| REPLY brief of Peter T. Flaherty, National Legal and Policy Center and James R. Tovar submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5601308] [25-2759] (JEM) [Entered: 01/27/2026 09:38 AM] |
| LETTER from Appellees Berkshire Hathaway, Warren Buffet and Dan Clark regarding availability for oral argument. w/service 01/26/2026 [5600724] [25-2759] (BF) [Entered: 01/26/2026 08:23 AM] |
| Please note that this case has been screened for oral argument. The exact date of your oral argument has not been determined at this time. You will be receiving a calendar approximately 4 weeks before the scheduled argument date. Please review the current and future argument dates immediately to determine if you have a conflict on any day (or days) that are scheduled for argument sessions. # Click Here to View Published Argument Calendars and Future Court Session Dates and Locations If you have such a conflict, please inform the court by sending a letter identifying the day (or days) on which you have a conflict and the specific reason for the conflict. Please note that blanket assertions of a conflict for the entirety of a court week or weeks will not be considered absent an adequate explanation of good cause. While the clerk's office takes conflict dates into consideration in scheduling oral arguments, we do not guarantee that every request will be honored. You can file your letter using the ECF docketing event 'Correspondence to Court', 'Letter filed' 'regarding availability for oral argument'. Your compliance with this policy will minimize the need for motions to continue or reschedule oral argument. The court also encourages you to notify the clerk if conflicts with these dates develop in the future. [25-2759] (JMM) [Entered: 01/23/2026 01:36 PM] |
| LETTER from Appellants Peter T. Flaherty, National Legal and Policy Center and James R. Tovar regarding availability for oral argument. w/service 01/23/2026 [5600500] [25-2759] (JEM) [Entered: 01/23/2026 03:01 PM] |
| Paper copies Appellee/Respondent brief, [ # 5594122-2 ] filed by Berkshire Hathaway, Warren Buffet and Dan Clark 10 paper copies received. w/Addendum attached [5595638] [25-2759] (DNS) [Entered: 01/09/2026 11:51 AM] |
| BRIEF FILED - APPELLEE BRIEF filed by Berkshire Hathaway, Warren Buffet and Dan Clark, w/service 01/06/2026 , Length: 7,525 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Berkshire Hathaway, Warren Buffet and Dan Clark due 01/12/2026 WITH certificate of service for paper briefs. Reply brief of Peter T. Flaherty, National Legal and Policy Center and James R. Tovar due on 01/27/2026. [5594122] [25-2759] (DNS) [Entered: 01/06/2026 03:17 PM] |
| APPELLEE brief of Berkshire Hathaway, Warren Buffet and Dan Clark submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5593905] [25-2759] (BF) [Entered: 01/06/2026 11:32 AM] |
| ADDENDUM of APPELLEE FILED by Appellees Berkshire Hathaway, Warren Buffet and Dan Clark , w/service 01/05/2026 [5593454] [25-2759] (DNS) [Entered: 01/05/2026 01:35 PM] |
| Brief deficiency notice sent to counsel, Attorney Bryce Friedman for Appellees Berkshire Hathaway, Warren Buffet and Dan Clark. [5593451] [25-2759] (DNS) [Entered: 01/05/2026 01:32 PM] |
| Addendum of APPELLEE submitted for review by Berkshire Hathaway, Warren Buffet and Dan Clark. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5591513] [25-2759] (BF) [Entered: 12/24/2025 12:26 PM] |
| APPELLEE brief of Berkshire Hathaway, Warren Buffet and Dan Clark submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5591512] [25-2759] (BF) [Entered: 12/24/2025 12:24 PM] |
| RECORD FILED - APLNT/PET APPENDIX, 1 volume, Comments: 3 copies. [5583001] [25-2759] (DNS) [Entered: 12/01/2025 11:29 AM] |
| Paper copies Appellant/Petitioner Brief, [ # 5581323-2 ] filed by Peter T. Flaherty, National Legal and Policy Center and James R. Tovar 10 paper copies received. w/Addendum attached [5582999] [25-2759] (DNS) [Entered: 12/01/2025 11:28 AM] |
| ADDENDUM of APPELLANT FILED by Appellants Peter T. Flaherty, National Legal and Policy Center and James R. Tovar , w/service 11/24/2025 [5581326] [25-2759] (DNS) [Entered: 11/24/2025 09:25 AM] |
| BRIEF FILED - APPELLANT BRIEF filed by Peter T. Flaherty, National Legal and Policy Center and James R. Tovar. w/service 11/24/2025 , Length: 10,338 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Peter T. Flaherty, National Legal and Policy Center and James R. Tovar due 12/01/2025 WITH certificate of service for paper briefs. Brief of Berkshire Hathaway, Warren Buffet and Dan Clark due on 12/24/2025 [5581323] [25-2759] (DNS) [Entered: 11/24/2025 09:24 AM] |
| APPELLANT brief of Peter T. Flaherty, National Legal and Policy Center and James R. Tovar submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5581030] [25-2759] (JEM) [Entered: 11/21/2025 01:12 PM] |
| Addendum of APPELLANT submitted for review by Peter T. Flaherty, National Legal and Policy Center and James R. Tovar. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5581031] [25-2759] (JEM) [Entered: 11/21/2025 01:13 PM] |
| Addendum deficiency notice sent to counsel, Attorney Jeffrey Edward McFadden for Appellants National Legal and Policy Center, Peter T. Flaherty and James R. Tovar. New electronic copy of addendum due on 11/26/2025 [5580750] [25-2759] (DNS) [Entered: 11/21/2025 07:10 AM] |
| Brief deficiency notice sent to counsel, Attorney Jeffrey Edward McFadden for Appellants National Legal and Policy Center, Peter T. Flaherty and James R. Tovar. [5580749] [25-2759] (DNS) [Entered: 11/21/2025 07:07 AM] |
| Addendum of APPELLANT submitted for review by Peter T. Flaherty, National Legal and Policy Center and James R. Tovar. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5580223] [25-2759] (JEM) [Entered: 11/19/2025 05:26 PM] |
| ***LOCKED DOCUMENT*** APPELLANT brief of Peter T. Flaherty, National Legal and Policy Center and James R. Tovar submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5580222] [25-2759] -[Edited 11/21/2025 by DNS] THIS DOCUMENT IS LOCKED AS IT WAS IMPROPERLY FILED. APPENDICES ARE TO BE FILED IN PAPER FORMAT. COUNSEL TO SEND THREE PAPER COPIES OF APPENDIX TO THE CLERK'S OFFICE FOR FILING. (JEM) [Entered: 11/19/2025 05:25 PM] |
| APPELLANT brief of Peter T. Flaherty, National Legal and Policy Center and James R. Tovar submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5580221] [25-2759] (JEM) [Entered: 11/19/2025 05:22 PM] |
| STATEMENT of issues filed by Appellants Peter T. Flaherty, James R. Tovar and National Legal and Policy Center - w/service 10/20/2025. [5569598] [25-2759] (JEM) [Entered: 10/20/2025 03:12 PM] |
| On December 1, 2016, the Federal Rules of Appellate Procedure were amended to require a certificate of compliance for motions filed under [Rule 27], certifying that the document complies with the type-volume limitations and stating the number of words in the document. Your recently filed motion/petition did not contain the number of words in this certificate of compliance. No action will be taken on your motion for extension of time to file brief, [ # 5560389-2 ], submitted by Jeffrey Edward McFadden in 25-2759 , pending the filing of a certificate of compliance using the 'Certificate of Compliance' event. Please do not refile your motion [25-2759] (DNS) [Entered: 09/24/2025 08:45 AM] |
| CLERK ORDER: Granting [ # 5560389-2 ] motion for extension of time to file brief filed by Jeffrey Edward McFadden. Brief of Peter T. Flaherty, National Legal and Policy Center and James R. Tovar due 11/19/2025. Appendix due on 11/19/2025.; Granting [ # 5560876-2 ] motion to withdraw as counsel filed by Thomas J. Monaghan., Granting [ # 5560870-2 ] motion to withdraw as counsel filed by Stuart J. Dornan. Thomas J. Monaghan and Stuart J. Dornan for National Legal and Policy Center, Peter T. Flaherty and James R. Tovar have been granted leave to withdraw from this case. [5561020] [25-2759] (DNS) [Entered: 09/24/2025 01:07 PM] |
| CERTIFICATE OF COMPLIANCE filed by Attorney Jeffrey Edward McFadden for Appellants Peter T. Flaherty, National Legal and Policy Center and James R. Tovar correcting [ # 5560389-2 ] motion for extension of time to file brief. [5560877] [25-2759] --[Edited 09/24/2025 by DNS to identify motion] (JEM) [Entered: 09/24/2025 09:48 AM] |
| MOTION to withdraw as retained counsel, filed by Attorney Thomas J. Monaghan for Appellants Peter T. Flaherty, National Legal and Policy Center and James R. Tovar w/service 09/24/2025. [5560876] [25-2759] (TJM) [Entered: 09/24/2025 09:47 AM] |
| MOTION to withdraw as retained counsel, filed by Attorney Stuart J. Dornan for Appellants Peter T. Flaherty, National Legal and Policy Center and James R. Tovar w/service 09/24/2025. [5560870] [25-2759] (SJD) [Entered: 09/24/2025 09:43 AM] |
| Certificate of transcript filed by Appellants Peter T. Flaherty, National Legal and Policy Center and James R. Tovar. No Transcript[5560455] [25-2759] (JEM) [Entered: 09/23/2025 11:05 AM] |
| MOTION for extension of time to file brief until 11/19/2025, filed by Attorney Jeffrey Edward McFadden for Appellants Peter T. Flaherty, National Legal and Policy Center and James R. Tovar w/service 09/23/2025. [5560389] [25-2759] (JEM) [Entered: 09/23/2025 10:09 AM] |
| DESIGNATION of record filed by Appellants Peter T. Flaherty, National Legal and Policy Center and James R. Tovar. w/service 09/23/2025 [5560673] [25-2759] (JEM) [Entered: 09/23/2025 03:15 PM] |
| STATEMENT of issues filed by Appellants Peter T. Flaherty, National Legal and Policy Center and James R. Tovar - w/service 09/23/2025. [5560668] [25-2759] (JEM) [Entered: 09/23/2025 03:12 PM] |
| METHOD of appendix preparation filed by Appellants Peter T. Flaherty, National Legal and Policy Center and James R. Tovar - Separate Appendix - w/service 09/23/2025 [5560670] [25-2759] (JEM) [Entered: 09/23/2025 03:14 PM] |
| APPEARANCE filed by Jeffrey Edward McFadden for Appellants Peter T. Flaherty, National Legal and Policy Center and James R. Tovar w/service 09/16/2025 [5558312] [25-2759] (JEM) [Entered: 09/16/2025 10:36 AM] |
| CORPORATE disclosure statement filed by Appellee Berkshire Hathaway. - FOR CAL [5558568] [25-2759] (BF) [Entered: 09/16/2025 09:13 PM] |
| APPEARANCE filed by Meredith Karp for Appellees Berkshire Hathaway, Warren Buffet and Dan Clark w/service 09/16/2025 [5558566] [25-2759] (MK) [Entered: 09/16/2025 05:46 PM] |
| APPEARANCE filed by Bryce L. Friedman for Appellees Berkshire Hathaway, Dan Clark and Warren Buffet w/service 09/16/2025 [5558564] [25-2759] (BF) [Entered: 09/16/2025 05:30 PM] |
| CORPORATE disclosure statement filed by Appellants Peter T. Flaherty, National Legal and Policy Center and James R. Tovar. - FOR CAL [5558359] [25-2759] (JEM) [Entered: 09/16/2025 11:46 AM] |
| Originating court document filed consisting of notice of appeal, docket entries, Order dated 10/29/2024, Findings and Recommendation dated 25/18/2025, Order dated 3/11/2025, Order dated 8/8/2025, Judgment dated 8/8/2025 [5555639] [25-2759] (RDB) [Entered: 09/09/2025 10:33 AM] |
| BRIEFING SCHEDULE SET AS FOLLOWS: Appendix due on 10/20/2025. BRIEF OF APPELLANT Peter T. Flaherty, National Legal and Policy Center and James R. Tovar due 10/20/2025. Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [5555640] [25-2759] (RDB) [Entered: 09/09/2025 10:34 AM] |
| Civil case docketed. [5555633] [25-2759] (RDB) [Entered: 09/09/2025 10:29 AM] |
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