The Third Circuit on Wednesday will become the first federal appeals court to hear oral arguments on whether state-law Covid-19-related wrongful death suits against nursing homes belong in state or federal court.
Similar appeals are pending in the Second, Fifth, Ninth, Eleventh, and D.C. circuits from federal district court opinions rejecting nursing homes’ arguments that the federal officer removal law gave them authority to hear the cases.
All but one of those courts also rejected arguments that the Public Readiness and Emergency Preparedness Act completely preempts state law in this area.
That issue probably will go to the U.S. Supreme ...
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