Bloomberg Law
Nursing Home Litigation Trends and the PREP Act
December 23, 2021
Threshold jurisdictional questions in PREP Act litigation against nursing homes connected with deaths from Covid-19 persist after a recent Third Circuit ruling, write Sidley’s Lisa M. Gilford and Christopher M. Griffin. Defense lawyers representing nursing homes should continue to consider the viability of removal to federal court using the “willful misconduct” analysis in the Maglioli opinion, they say.
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