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Third Cir. Rejects Federal Forum for Nursing-Home Covid Cases (2)

Oct. 20, 2021, 1:53 PMUpdated: Oct. 21, 2021, 1:41 PM

Nursing home residents’ lawsuits for injuries allegedly caused by a facility’s failure to protect them from Covid-19 belong in state, not federal courts, the Third Circuit said Wednesday.

The decision is the first appeals court ruling on whether skilled nursing facilities can insist on trying cases alleging garden-variety state-law causes of action in federal courts just because the injury arose out of the coronavirus pandemic.

It’s likely to go to the U.S. Supreme Court, especially if any of the other federal appeals courts considering the issue rule differently. Both the Ninth and Fifth circuits are set to hear arguments soon ...

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