A California nursing home operator has asked the US Supreme Court to interpret the 2005 PREP Act for the first time and declare that federal courts have exclusive authority to hear wrongful death and personal injury claims arising out of the Covid-19 pandemic.
The federal Public Readiness and Emergency Preparedness Act so wholly displaces state-law causes of action related to public health emergencies that it strips state courts of jurisdiction to hear them, Glenhaven Healthcare LLC said in a petition for review.
Signed into law by President George W. Bush in 2005, the act was largely untested until the coronavirus ...
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