Nursing Home Unlikely To Sway 9th Circ. In Virus Venue Fight

By Y. Peter Kang (October 20, 2021, 4:26 PM EDT) -- A Southern California nursing home accused of causing a resident's COVID-19 death faces an uphill battle when it tries Thursday to convince the Ninth Circuit that a federal health emergency law preempts the claims, as dozens of federal courts across the country have ruled that the law does not.

A Ninth Circuit panel in Pasadena, California, will hear oral arguments over whether the federal Public Readiness and Emergency Preparedness Act can preempt medical negligence claims in a suit alleging administrators at a Glenhaven Healthcare LLC nursing home prohibited staff members from wearing protective gear and allowed symptomatic patients and staff to...

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