willful-misconduct

12 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
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…
23-691 Samuel Ghee v. Comcast Cable Communications, LLC, et al. Eleventh Circuit 2023-12-27 Denied Response Waived civil-procedure civil-rights constitutional-interpretation due-process judicial-immunity official-liability standing stare-decisis state-law willful-misconduct Whether qualified or judicial immunity immunizes willful misconduct and failure to perform duties
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…
23-294 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…
23-295 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…
20-1532 Diana Garvey v. Denis R. McDonough, Secretary of Veterans Affairs Federal Circuit 2021-05-04 Denied administrative-law agency-deference agency-regulation chevron-deference judicial-review plain-meaning statutory-interpretation veterans-benefits willful-misconduct Whether the Secretary's regulation redefines the statutory definition of 'veteran' in an impermissible manner