Assisted Living Facility Covid Death Claims Sent to State Court

Oct. 31, 2024, 6:01 PM UTC

A Florida assisted living facility must face suit over a resident’s Covid-19 related death in state court, a split Eleventh Circuit said Thursday.

A federal district court didn’t have subject matter jurisdiction over negligence and wrongful death claims against GVDB Operations LLC and JSMGV Management Co., because their facility wasn’t acting under the direction of a federal officer when it allegedly failed to properly care for its residents, the US Court of Appeals for the Eleventh Circuit said in a 2-1 decision.

The appeals court joined several of its sister circuits in holding that neither the federal officer removal law ...

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