3rd Circuit Affirms Nursing Home COVID Death Cases Belong In State Court

Mealey's (October 21, 2021, 9:01 AM EDT) -- PHILADELPHIA — Noting that it appears “to be the first circuit court to decide” the issue, the Third Circuit U.S. Court of Appeals on Oct. 20 found that state law COVID-19-related negligence and wrongful death claims against two rehabilitation facilities are not completely preempted by the Public Readiness and Emergency Preparedness (PREP) Act, that the facilities were not acting under the direction of a federal officer and that the claims do not raise a substantial federal question that permits removal, affirming the remand of two putative class actions to New Jersey state court....