February 07, 2022
The Third Circuit declined on Monday to reconsider its October ruling that suits over COVID-19 deaths at New Jersey nursing homes must play out in state court and were not preempted by the federal Public Readiness and Emergency Preparedness Act.
December 21, 2021
Massive auto collision verdicts and major court rulings caught the attention of personal injury attorneys in 2021, including a U.S. Supreme Court decision clearing Nestle of child labor allegations and a precedential Third Circuit decision booting a coronavirus wrongful death suit back to state court.
October 20, 2021
The Third Circuit said Wednesday in a precedential opinion that suits over COVID-19 deaths at New Jersey nursing homes must play out in state court, rejecting the nursing homes' bid to stay in federal court under the so-called federal officer removal statute and on the grounds that the claims are preempted by the federal Public Readiness and Emergency Preparedness Act.
July 07, 2021
The first precedential rulings for coronavirus injury and wrongful death cases are on the horizon as a number of federal appellate courts are set to decide whether such litigation should be heard in federal court under the Federal Officer Removal Statute or in the state courts where the suits originated.
June 23, 2021
A Third Circuit panel on Wednesday challenged New Jersey nursing homes seeking to have suits over COVID-19 deaths unfold in federal court on the grounds they acted under the federal government's authority as part of its pandemic response, questioning whether the facilities were merely complying with federal regulations.