| 24-682 |
Dario Politella, et al. v. Windham Southeast School District, et al. |
Vermont |
2024-12-26 |
Denied |
Response Waived |
covered-countermeasure emergency-use immunity preemption public-health subject-matter-jurisdiction |
In Vermont, a young schoolboy was injected with a emergency use "covered countermeasure" against his and his parents' express refusals. Officials clai… |
| 24-641 |
Gavin de Becker, et al. v. UHS of Delaware, Inc., dba Desert Springs Hospital Medical Center |
Nevada |
2024-12-12 |
Denied |
Response Waived |
covered-countermeasure healthcare-immunity medical-liability medical-negligence prep-act treatment-standards |
1. Does the Public Readiness and Emergency Preparedness Act of 2005, 42 U.S.C. §§ 247d-6d, 247d6e (the "PREP Act"), immunize medical providers from li… |
| 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 |
"[W]hen a federal statute wholly displaces" a plaintiff's "state-law cause of action through complete pre-emption," the defendant may remove the case … |
| 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 |
"[W]hen a federal statute wholly displaces" a plaintiff's "state-law cause of action through complete pre-emption," the defendant may remove the case … |
| 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 |
"[W]hen a federal statute wholly displaces" a plaintiff's "state-law cause of action through complete pre-emption," the defendant may remove the case … |
| 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 |
"[W]hen a federal statute wholly displaces" a plaintiff's "state-law cause of action through complete pre-emption," the defendant may remove the case … |
| 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 |
"[W]hen a federal statute wholly displaces" a plaintiff's "state-law cause of action through complete pre-emption," the defendant may remove the case … |
| 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 |
"[W]hen a federal statute wholly displaces" a plaintiff's "state-law cause of action through complete pre-emption," the defendant may remove the case … |
| 23-294 |
San Pablo Healthcare & Wellness Center, LLC v. Lynetta Westbrook |
Ninth Circuit |
2023-09-22 |
Denied |
Response Waived |
circuit-split civil-rights covered-countermeasure emergency-preparedness federal-jurisdiction federal-removal preemption public-health public-health-emergency removal willful-misconduct |
"[W]hen a federal statute wholly displaces" a plaintiff's "state-law cause of action through complete pre-emption," the defendant may remove the case … |
| 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 |
"[W]hen a federal statute wholly displaces" a plaintiff's "state-law cause of action through complete pre-emption," the defendant may remove the case … |
| 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 |
"(When a federal statute wholly displaces" a plaintiffs "state-law cause of action through complete pre-emption," the defendant may remove the case to… |