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Glenhaven Healthcare LLC v. Saldana
(U.S., filed September 30, 2022): Urging the Court to grant the petition of certiari in order to clarify the proper interpretation of a federal statute (the PREP Act) regulating the nation’s emergency response during a once-in-a-century pandemic and other global health emergencies. The PREP Act should be recognized as a “complete preemption” statute allowing removal of a broad class of tort claims arising from the administration of pandemic countermeasures. The lower court decision undermines the PREP Act’s critical safeguards for front-line responders and creates a circuit split.
Click to access 2022-09-30-Saldana-Amicus-FINAL13118.pdf
November 21, 2022, the Court denied the petition for certiorari.
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