The jurisdictional question over whether wrongful death claims belong in state or federal court is pending before several other circuits.
February 22, 2022 at 02:05 PM
3 minute read
The original version of this story was published on The Recorder
The U.S. Court of Appeals for the Ninth Circuit ruled that a COVID-19 wrongful death lawsuit against a nursing home belongs in state court, siding with the only other federal appeals court to rule on the venue issue so far.
The panel, composed of Judges Lawrence VanDyke and Ryan Nelson and U.S. District Judge Karen Schreier, held that claims brought by the relatives of a man who died at a nursing home are not completely preempted by the federal Public Readiness and Emergency Preparedness Act.
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The U.S. Court of Appeals for the Ninth Circuit in San Francisco on March 18, 2020 a day after being closed to many court operations. (Photo: Jason Doiy/ALM)
