News & Analysis as of

Nursing Homes Remand

King & Spalding

Supreme Court Vacates and Remands Medicaid Disputes to 4th, 7th Circuits

King & Spalding on

On June 20, 2023, the Supreme Court vacated and remanded two circuit court decisions finding private rights of action for violations of rights purportedly created by federal Medicaid law for further consideration in light of...more

Proskauer - Labor Relations Update

Case Update: Union Extortion Claims Get Another Chance after Third Circuit Remand

As promised (see prior post here), we are providing an update on the Third Circuit’s decision in Care One Management LLC et al. v. United Healthcare Workers East, et al. As we addressed at the time, this cased involved...more

Foley & Lardner LLP

PREP Act Immunity in the COVID-19 Era: Recent Decisions Impacting Your Defenses to Coronavirus-Related Claims

Foley & Lardner LLP on

On March 25, 2020, we reported that the Department of Health and Human Services (HHS) had extended the Public Readiness and Emergency Preparedness (“PREP”) Act to provide immunity to “Covered Persons” providing “Covered...more

Dechert LLP

PREP Act Immunity Does Not Preempt Most State Law Tort Claims Against Nursing Homes and Other Senior Living Facilities

Dechert LLP on

In our May 1, 2020 OnPoint discussing COVID-19 liability issues for nursing homes and other senior living facilities, we cautioned against reliance on state immunity provisions as a shield against COVID-19-related lawsuits....more

Faegre Drinker Biddle & Reath LLP

PREP Act Does Not Require Federal Forum for State Law Negligence Claims Related to COVID-19

A New Jersey District Court Judge has ruled that the March 2020 federal liability immunity statute for pandemic-related countermeasures does not create a basis for federal jurisdiction, resulting in the remand of two...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

AC37979 - Meadowbrook Center, Inc. v. Buchman - Nursing home sued son/guarantor of patient and obtained a judgment for $45,000. The guarantee agreement allowed the nursing home to seek attorney fees. The son appealed...more

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