9th Circuit Vacates, Remands District Court Garcia Decision In PREP Act Appeal

Mealey's (December 1, 2022, 4:59 PM EST) -- SAN FRANCISCO —  The Ninth Circuit U.S. Court of Appeals, after determining that it would decide without oral argument a family’s COVID-19-related wrongful death suit against a senior living facility, vacated and remanded the district court’s decision, often cited by nursing homes, that the family’s state claims were preempted by the Public Readiness and Emergency Preparedness (PREP) Act, citing a Feb. 22, 2022, Ninth Circuit opinion rejecting federal jurisdiction in a similar case....