U.S. Court of Appeals for the 4th Circuit Civil Practice; removal to federal court: Where the Baltimore mayor and city council sued oil and energy companies in state court for substantially contributing to greenhouse-gas pollution, global warming and climate change, and the suit was based entirely on state law, there was no basis for removal .
Judge Corey Maze directed that the lawsuit against Pilgrim’s Pride, the City of Gadsden and the Gadsden Airport Authority, challenging the proposal, be remanded to Etowah County Circuit Court.
U.S. courts continue to apply narrower view of PREP Act immunity | Hogan Lovells jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
The US Department of Health and Human Services (“HHS”) issued an
Advisory Opinion (“21-01”) Friday, reinforcing how the Public Readiness and Emergency Preparedness Act (“PREP Act” or the “Act”) (1) provides complete preemptive federal jurisdiction and invites jurisdictional discovery; and (2) applies to cases where the alleged harm results from failure to use (and even
refusal to use) a covered countermeasure when that failure arises out of the conscious allocation and prioritization of the countermeasures.
As we have
reported, the PREP Act, 42 U.S.C. § 247d-6d, affords broad federal immunity to a “covered person” with respect to claims relating to the authorized administration or use of a “covered countermeasure.” The scope of the federal immunity provided by the PREP Act is far-reaching. As a general matter, if all the elements of immunity are met, a covered person is protected from suit and liability under federal and state law with respect to “al
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Back in March, we wrote about how the Department of Health and Human Services (HHS) had extended the Public Readiness and Emergency Preparedness (PREP) Act to grant immunity to “Covered Persons” providing “Covered Countermeasures” against COVID-19. The Office of the General Counsel for HHS issued an omnibus advisory opinion on April 14 that addressed common questions and concerns about the scope of PREP Act immunity, as discussed in our April update. Last month, we described how courts across the country have interpreted the PREP Act in the context of the ongoing pandemic.