Analysis

3rd Circ. Risks Twisting COVID Immunity Law Into Pretzel

By Bill Wichert (November 12, 2021, 7:54 PM EST) -- A recent Third Circuit opinion could lead to a tangle of state court rulings that some experts say would twist up the even approach that lawmakers envisioned under the federal Public Readiness and Emergency Preparedness Act for blocking litigation related to crises like the coronavirus outbreak.

The Oct. 20 precedential decision in COVID-19 death lawsuits against two nursing homes sets up a framework where state courts could reach different conclusions on whether entities in such cases are entitled to immunity under the PREP Act, experts say.

Congress "didn't write the PREP Act to let it be subject to 50 states' interpretations,"...

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