November 01, 2024
A split Eleventh Circuit affirmed a lower court's decision Thursday to remand to state court a lawsuit over a nursing home resident's COVID-19 death, finding preemption may cover a defendant sued for following federal public health emergency guidelines, but not when, as in the instant case, the guidelines were allegedly unheeded.
April 08, 2022
The Eleventh Circuit on Friday considered the scope of legal protections created by the federal Public Readiness and Emergency Preparedness Act, which a Florida nursing home has invoked in challenging a federal court's remand of a lawsuit over a resident's COVID-19 death.
November 10, 2021
A nursing home has urged the Eleventh Circuit to reverse a Florida federal judge's order remanding to state court a suit accusing it of causing a resident's coronavirus death, saying the federal Public Readiness and Emergency Preparedness Act preempts the medical negligence claims.