Home Medical Malpractice 9th, 3rd Circs. Split On Pandemic Preemption, Justices Told

9th, 3rd Circs. Split On Pandemic Preemption, Justices Told

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By Adam Lidgett (September 1, 2022, 7:21 PM EDT) — A California-based nursing facility wants the U.S. Supreme Court to review a Ninth Circuit ruling that a suit over the COVID-19 death of a resident had to play out in state court, arguing that there is a circuit split about the reach of a federal health emergency law invoked during the coronavirus pandemic.

Glenhaven Healthcare LLC’s Monday petition to the high court challenged a Ninth Circuit decision from earlier this year that upheld a district court’s remand order. That order, in February, said Glenhaven must face claims in Los Angeles County Superior Court that it caused resident Ricardo Saldana’s COVID-19 death. A panel of…

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