Facility Operators To 9th Circuit: Garcia Properly Dismissed Under PREP Act

Mealey's (June 23, 2021, 9:20 AM EDT) -- SAN FRANCISCO — A federal judge in California correctly held that the Public Readiness and Emergency Preparedness (PREP) Act completely preempts state law claims and immunizes a senior living facility from liability in the COVID-19-related death of a resident, the licensees and operators of a facility say in a June 9 brief asking the Ninth Circuit U.S. Court of Appeals to affirm the judge’s denial of the family’s motion to remand and dismissal of the case against them....