| 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 … |
| 23-691 |
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 |
The Georgia Constitution, section VII, paragraph VII, whether qualified or judicial immunity, does not immune willful misconduct and failure to prefor… |
| 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… |
| 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 |
Chevron, U.S.A., Inc. v. Nat. Res. Def. Council Inc., 467 U.S. 837, 842 (1984), held, the first question when interpreting a statute is "whether Congr… |