complete-preemption

12 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6193 In Re Gerald Nelson 2025-11-21 Dismissed IFP complete-preemption federal-removal labor-management-relations-act original-jurisdiction subject-matter-jurisdiction writ-of-mandamus This dispute concerns original jurisdiction and subject matter jurisdiction conferred over this action, pursuant to 28 U.S.C. Section 1331, because Pl…
24-911 Shlomo Rechnitz, et al. v. Nancy Hearden, et al. Ninth Circuit 2025-02-24 Denied Response Waived complete-preemption covered-persons federal-removal prep-act public-health-emergency state-law-claims Does the PREP Act completely preempt state-law claims against a covered person relating to the administration or use of a covered countermeasure, such…
23-962 Oxnard Manor, LP, dba Oxnard Manor Healthcare Center, et al. v. Anna Sigala, et al. Ninth Circuit 2024-03-06 Denied Response Waived circuit-split civil-rights complete-preemption covered-countermeasure emergency-preparedness federal-jurisdiction federal-remedies preemption public-health public-health-emergency removal willful-misconduct Does the PREP Act completely preempt state-law claims against a covered person relating to the administration or use of a covered countermeasure, such…
23-476 Centinela Skilled Nursing & Wellness Centre West, LLC, et al. v. Shalimah Abdullah, as Legal Representative and Successor-in-Interest of Eric Holloway, Deceased, et al. Ninth Circuit 2023-11-06 Denied Response Waived circuit-split complete-preemption covered-countermeasure federal-jurisdiction federal-removal PREP-Act public-health-emergency willful-misconduct Does the PREP Act completely preempt state-law claims against a covered person relating to the administration or use of a covered countermeasure, such…
23-286 Windsor Oakridge Healthcare Center, LP, et al. v. Valerie Turner, et al. Ninth Circuit 2023-09-22 Denied Response Waived circuit-split complete-preemption covered-countermeasure federal-jurisdiction federal-removal PREP-Act public-health-emergency willful-misconduct Does the PREP Act completely preempt state-law claims against a covered person relating to the administration or use of a covered countermeasure, such…
23-287 Vernon Healthcare Center, LLC, et al. v. Debra Ann Blackmon, By and Through Her Guardian ad Litem, Latasha Bracks Ninth Circuit 2023-09-22 Denied Response Waived circuit-split complete-preemption covered-countermeasure federal-jurisdiction federal-removal PREP-Act public-health-emergency willful-misconduct Does the PREP Act completely preempt state-law claims against a covered person relating to the administration or use of a covered countermeasure, such…
23-288 Novato Healthcare Center, LLC, et al. v. Angelina Martinez Ninth Circuit 2023-09-22 Denied Response Waived circuit-split complete-preemption covered-countermeasure federal-jurisdiction federal-removal PREP-Act public-health-emergency willful-misconduct Does the PREP Act completely preempt state-law claims against a covered person relating to the administration or use of a covered countermeasure, such…
23-292 Riverside Healthcare and Wellness Centre, LLC, et al. v. Latifa Khan, Individually and as Heir and Successor in Interest to Nafiu Khan, Deceased Ninth Circuit 2023-09-22 Denied Response Waived circuit-split complete-preemption covered-countermeasure federal-jurisdiction federal-removal PREP-Act public-health-emergency willful-misconduct Does the PREP Act completely preempt state-law claims against a covered person relating to the administration or use of a covered countermeasure, such…
23-293 Pomona Healthcare and Wellness Center, dba Park Avenue Healthcare and Wellness Center v. Brenda Thomas, Individually and as Heir and Successor in Interest to Larry Charles Jackson Ninth Circuit 2023-09-22 Denied Response Waived complete-preemption covered-countermeasure federal-jurisdiction federal-removal PREP-Act public-health-emergency state-law-claims willful-misconduct Does the PREP Act completely preempt state-law claims against a covered person relating to the administration or use of a covered countermeasure, such…
23-295 San Marino Gardens Wellness Center, LP, dba Pasadena Park Healthcare and Wellness Center v. Susan Olmes, Individually and as Heir and Successor in Interest to the Estate of Michael Olmes Ninth Circuit 2023-09-22 Denied Response Waived circuit-split complete-preemption covered-countermeasure federal-jurisdiction federal-removal PREP-Act public-health-emergency willful-misconduct Does the PREP Act completely preempt state-law claims against a covered person relating to the administration or use of a covered countermeasure, such…
22-192 Glenhaven Healthcare LLC, et al. v. Jackie Saldana, et al. Ninth Circuit 2022-08-31 Denied Amici (2) complete-preemption covered-countermeasure federal-jurisdiction federal-removal PREP-Act public-health-emergency state-law-claims willful-misconduct Does the PREP Act completely preempt state-law claims against a covered person relating to the administration or use of a covered countermeasure, such…
19-6074 Gerald Nelson v. Amalgamated Transit Union Local 1181-1061, AFL-CIO, et al. Second Circuit 2019-09-26 Denied Response WaivedRelisted (2)IFP civil-procedure civil-rights complete-preemption due-process federal-claim federal-jurisdiction federal-statute fourteenth-amendment labor-management-relations preemption removal removal-procedure state-common-law subject-matter-jurisdiction well-pleaded-complaint-rule Whether the United States Court of Appeal and District Federal Court can sua sponte a case when plaintiff has not had a chance to file a complaint and…