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Nursing Home to Face Patient’s Covid Death Suit in State Court

Sept. 14, 2021, 3:14 PM

A nursing home must answer a suit that it didn’t do enough to protect a patient from Covid-19 in state court because a federal health emergency law doesn’t give a federal court exclusive jurisdiction over it, the Southern District of Texas said.

The vast majority of federal courts throughout the country have rejected arguments that the Public Readiness and Emergency Preparedness Act completely preempts state-law wrongful death and personal injury causes of action, the U.S. District Court for the Southern District of Texas said.

The court joined the majority in also rejecting arguments that a case filed by June Lollie’s ...

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