9th Circuit Finds Federal Jurisdiction Lacking In COVID Nursing Home Death Suit

Mealey's (February 23, 2022, 2:35 PM EST) -- PASADENA, Calif. — A wrongful death suit filed by the family of a man who died in a nursing home after contracting COVID-19 belongs in California state court, the Ninth Circuit U.S. Court of Appeals affirmed Feb. 22, finding that the nursing home was not acting under the direction of a federal officer, that the family’s claims are not completely preempted by the Public Readiness and Emergency Preparedness Act (PREP Act) and that a federal district court had no jurisdiction under the embedded federal question doctrine....