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
On August 3, New York Gov. Andrew Cuomo signed legislation (New York S.B. 8335, enacted Aug. 3, 2020) that scaled back the immunity provisions enacted toward the beginning of the COVID-19 emergency for health care providers....more
8/11/2020
/ Coronavirus/COVID-19 ,
Criminal Liability ,
Criminal Prosecution ,
Executive Orders ,
Governor Cuomo ,
Gross Negligence ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Immunity ,
New Legislation ,
Relief Measures
Earlier this year, the Supreme Court issued its decision in FTC v. Phoebe Putney Health System, Inc., 133 S.Ct. 1003 (2013), which held that the state action antitrust immunity doctrine applies only when the state legislature...more
On Tuesday, the United States Supreme Court reined in the state action immunity doctrine, which exempts municipalities from scrutiny under the federal antitrust laws when they act pursuant to a “clearly articulated state...more