Why It Matters -
This is the first federal circuit court ruling to address federal removal jurisdiction based on PREP Act immunity. Although the nursing home lost its removal argument, the Third Circuit’s opinion may...more
Why It Matters -
This decision casts doubt on the ability of nursing homes to rely on the PREP Act to shield them from liability against state-law claims or, at the very least, to remove such claims to federal court....more
8/20/2020
/ CARES Act ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Countermeasures ,
Health Care Providers ,
Immunity ,
Infectious Diseases ,
Medical Marijuana ,
Nursing Homes ,
OSHA ,
Preemption ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Safety Precautions ,
Secretary of HHS ,
State Law Claims