The COVID Project
The record
- Level
- Legal authority
- Authority
- Estate of Maglioli v. Alliance HC Holdings LLC, 16 F.4th 393 (3d Cir. 2021), Nos. 20-2833, 20-2834
- Issued
- 2021-10-20 Oct. 20, 2021
- In force
- Oct. 20, 2021 (no end date recorded; counted as in force for 120 days)
- Character
- case
Notes
Nursing-home residents' estates 'claim that the nursing homes acted negligently in handling the COVID-19 pandemic, causing the residents' deaths' (slip op. at 6); no federal-officer removal, no complete preemption under the PREP Act, no substantial federal issue; 'state court is where these cases belong'. Cited for the proposition that the State negligence standard governed pandemic protocol failures.