6th Circuit Affirms Remand In COVID Death Suit, Says No PREP Act Preemption

(July 14, 2023, 4:39 PM EDT) -- CINCINNATI — The Sixth Circuit U.S. Court of Appeals affirmed a district court’s remand of a negligence and COVID-19 wrongful death suit to state court, finding that the nursing home defendants failed to establish preemption under the Public Readiness and Emergency Preparedness (PREP) Act by not providing evidence of a federal agency delegating authority to the defendants to act on the agency’s behalf....