Appellants Tell 3rd Circuit COVID Rehab Facility Death Cases Belong In Federal Court

Mealey's (February 11, 2021, 1:02 PM EST) -- PHILADELPHIA — A federal judge in New Jersey erred in finding that the operators of two rehabilitation facilities where at least 50 patients have died from COVID-19 were not acting at the direction of a federal agency or operator and in concluding that the Public Readiness and Emergency Preparedness (PREP) Act did not completely preempt state law claims against them, the operators tell the Third Circuit U.S. Court of Appeals in a Feb. 8 brief urging the court to reverse the lower court’s order remanding two putative negligence and wrongful death class actions to state court....