6th Circ.: PREP Act Doesn’t Preempt State Claims Over Hospital’s COVID Response | Law.com

The U.S. Court of Appeals for the Sixth Circuit joined several other circuits in ruling that federal jurisdiction under the Public Readiness and Emergency Preparedness Act is improper where the plaintiff has not alleged willful misconduct related to the administration or use of covered COVID-19 countermeasures. 

In a Jan. 23 opinion, the Sixth Circuit affirmed a lower court’s decision rejecting Elmcroft of Sagamore Hills’ attempt to move the case from Ohio state court to the U.S. District Court for the Northern District of Ohio.

Source link

Leave a Comment