Nursing Home, Owner, Doctor Tell 9th Circuit COVID Case Belongs In Federal Court

Mealey's (March 31, 2021, 10:31 AM EDT) -- SAN FRANCISCO — A federal judge in California erred in remanding a COVID-19-related wrongful death and negligence action to state court because federal jurisdiction exists under the federal officer removal statute, the claims are completely preempted by the Public Readiness and Emergency Preparedness Act (PREP Act) and the court had jurisdiction under the embedded federal issue doctrine, a nursing home, its owner and a doctor tell the Ninth Circuit U.S. Court of Appeals in two March 26 appellant briefs....