PREP-Act

11 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
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…
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…
23-1265 Catherine Antunes v. Xavier Becerra, Secretary of Health and Human Services, et al., Fourth Circuit 2024-06-04 Denied Response Waived bodily-integrity constitutional-rights due-process economic-coercion emergency-authorization employer-coercion equal-protection jacobson-v-massachusetts prep-act vaccine vaccine-mandate 1. Does the Constitutional right to bodily integrity encompass the right to decline a vaccine? 2. Is Jacobson v. Massachusetts, 197 U.S. 11 (1905), a…
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 …
23-295 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…