| 25-960 |
Oregon, et al. v. Paul Maney, et al. |
Ninth Circuit |
2026-02-13 |
Pending |
|
corrections-leadership covid-19-response cruel-and-unusual-punishment eighth-amendment public-health-emergency qualified-immunity |
1. Whether the Eighth Amendment requires state corrections leadership to implement an overall "reasonable" statewide response to a public-health emerg… |
| 25-180 |
John Doe v. Dynamic Physical Therapy, LLC, et al. |
Louisiana |
2025-08-14 |
Judgment Issued |
Relisted (3) |
americans-with-disabilities-act federal-preemption healthcare-discrimination public-health-emergency rehabilitation-act state-procedural-law |
Whether a state procedural law that immunizes a healthcare provider from liability during a public health emergency may override a federal substantive… |
| 24-1242 |
Jeremiah Hogan, et al. v. Lincoln Medical Partners, et al. |
Maine |
2025-06-05 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
constitutional-tort parental-consent preemption public-health-emergency state-law-immunity vaccine-administration |
Whether 42 U.S.C. § 247d-6d unconstitutionally preempts state-law claims when a vaccine is administered to a minor without parental consent during a f… |
| 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… |
| 23-293 |
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… |
| 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 |
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… |
| 23-288 |
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… |
| 23-287 |
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… |
| 23-286 |
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… |
| 22-843 |
J. P. Bryan, et al. v. Eleazar R. Cano, County Judge |
Fifth Circuit |
2023-03-06 |
Denied |
Response Waived |
civil-rights constitutional-injury due-process government-action judicial-review public-health public-health-emergency rational-basis-test standing takings |
Is the rational-basis-test used to ratify COVID-19-orders closing a hotel overly-deferential? |
| 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… |
| 21-6170 |
Michael D. Webb v. Ralph Northam, Governor of Virginia, et al. |
Fourth Circuit |
2021-11-03 |
Denied |
Response WaivedIFP |
administrative-law chevron-deference executive-order executive-privilege foia foia-request jacobson-v-massachusetts justiciable-issue public-health public-health-emergency separation-of-powers |
Whether the President's interest in confidentiality can be overcome by a FOIA request |
| 20-6538 |
Gabriel Schmitt v. Charlie Baker, Governor of Massachusetts |
First Circuit |
2020-12-04 |
Denied |
IFP |
civil-rights constitutional-rights due-process first-amendment police-power public-health public-health-emergency service-of-process standing substitute-service |
May a state governor close the state house and prevent service of process on civil rights claims? |
| 20-5332 |
William David Bush v. California, et al. |
Ninth Circuit |
2020-08-13 |
Denied |
IFP |
10th-amendment civil-rights constitutional-rights due-process federalism preemption public-health-emergency quarantine-powers state-authority state-police-powers tenth-amendment |
Where the State of California's Health and Safety Code declares supremacy over the U.S. Constitution, under what circumstances does Article X not appl… |