Bloomberg Law..
A lawsuit against an Ohio assisted care facility over a resident’s Covid-19-related death must be tried in state, not federal, court, the Sixth Circuit said Monday.
The federal Public Readiness and Emergency Preparedness Act doesn’t completely preempt state-law causes of action so as to create exclusive federal subject matter jurisdiction for garden-variety wrongful death and personal injury claims arising out of the coronavirus pandemic, the court said.
With its decision, the US Court of Appeals for the Sixth Circuit joins the Third, Fifth, Seventh, and Ninth circuits in holding that the PREP Act doesn’t so completely dominate the field as …
