Nursing homes in Louisiana, Mississippi, and Texas must defend lawsuits over residents’ Covid-19 related deaths and injuries in state, not federal, court, the Fifth Circuit said Thursday.
The decision means that all three federal appeals courts to have considered the question are unanimous. But it’s still possible the U.S. Supreme Court could weigh in, as the cases involve important issues affecting the nursing home industry. Many nursing homes have been criticized for their handling of the pandemic.
The federal Public Readiness and Emergency Preparedness Act doesn’t completely preempt state-law wrongful death and personal injury causes of action arising out of ...
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