March 11, 2022
The Fifth Circuit has sent back to state court a suit by a man alleging a nursing home's negligence led to his mother's death from COVID-19 complications, saying the federal Public Readiness and Emergency Preparedness Act doesn't require his suit be heard at the federal level.
January 31, 2022
A Texas nursing home told a panel of Fifth Circuit judges Monday that the federal Public Readiness and Emergency Preparedness Act is completely preemptive of state law and requires a man's lawsuit accusing the home of medical negligence in his mother's COVID-19 death to remain in federal court.
November 05, 2021
A Pennsylvania high court case that could have a significant impact on medical malpractice suits in the state and a COVID-19 death lawsuit being reviewed by the Fifth Circuit lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
October 08, 2021
The son of a nursing home resident who died of COVID-19 has urged the Fifth Circuit to uphold a Texas federal judge's order remanding the case to state court, saying the federal Public Readiness and Emergency Preparedness Act is "utterly inapplicable" to his suit accusing the home of medical negligence.
August 27, 2021
Sexual assault allegations against a former "Saturday Night Live" actor and a bid by health care groups to keep a coronavirus wrongful death suit in federal court lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.