A COVID-19-related wrongful death lawsuit against two New Jersey nursing homes must be decided in state court and not in federal court as providers had sought, according to a ruling issued Wednesday by the U.S. Court of Appeals for the Third Circuit.
Legal experts are anxiously awaiting decisions in two separate COVID-related wrongful death lawsuits against nursing home providers that are expected to be handed down soon by federal judges.
The rulings could set off a wave of similar lawsuits in long-term care, and other industries. The courts are expected to determine whether providers were working under cover of the federal government during its COVID response and if an expanded federal emergency preparedness law passed during the pandemic shields providers from COVID-related.
The U.S. Court of Appeals for the Third Circuit, which heard oral arguments in June, is currently debating whether a lawsuit against two New Jersey providers should remain in federal court, according to an analysis by Law360.