Rehabilitation Facilities Seek Rehearing Of Maglioli COVID Jurisdiction Ruling

Mealey's (November 23, 2021, 9:46 AM EST) -- PHILADELPHIA — Stating that a Third Circuit U.S. Court of Appeals panel’s decision that state law COVID-19-related negligence and wrongful death claims against them are not completely preempted by the Public Readiness and Emergency Preparedness (PREP) Act “is contrary to decisions” of both the circuit and the U.S. Supreme Court, two rehabilitation facilities and their owners on Nov. 17 filed a petition for rehearing and rehearing en banc, arguing that “consideration by the full court is necessary to secure and maintain uniformity of decisions” in the two courts....