9th Circuit Affirms COVID-19 Long-Term Care Death Action Properly Remanded

Mealey's (February 28, 2022, 2:16 PM EST) -- PASADENA, Calif. — A Ninth Circuit U.S. Court of Appeals panel in a Feb. 25 unpublished memorandum affirmed the remand to state court of a COVID-19-related wrongful death case against a long-term care facility, its owner and its staff physician, finding that the facility 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 there was no embedded federal question....