Third Circuit Won’t Rehear Decision Remanding COVID-19 Negligence Actions Against Nursing Homes to State Court
- February 11, 2022
The Third Circuit declined February 7 to reconsider a panel decision finding wrongful death and negligence actions against two New Jersey nursing homes brought by the estates of residents who died after contracting COVID-19 belonged in state court.
In October 2021, a Third Circuit panel held that the Public Readiness and Emergency Preparedness Act (PREP Act) did not preempt the “garden-variety” state law negligence claims, nor did the federal-officer removal statute confer subject matter jurisdiction. The panel also found no substantial federal issue for keeping the actions in federal court. Estate of Maglioli v. Alliance HC Holdings LLC, Nos. 20-2833 (3d Cir. Oct. 18, 2021).
Plaintiffs filed the instant actions in state court alleging the nursing homes were negligent in handling the COVID-19 pandemic, causing the residents' deaths. The nursing homes removed the cases to federal court and appealed when the district court dismissed the cases for lack of subject matter jurisdiction.
The Third Circuit’s decision was the first by a federal circuit court on the issue, though it aligns with nearly every federal district court to rule on the removal question.
The Third Circuit denied the nursing homes’ petition for en banc review on February 7.