First courts consider application of PREP Act Immunity in the context of removal

Earlier this year, we published various articles breaking down the March 10, 2020 Public Readiness and Emergency Preparedness Act (PREP Act) Declaration (the Declaration) related to COVID-19. We've also published several pieces since then highlighting subsequent developments for the application of the PREP Act, and you can read our prior publications providing key background on the Declaration here.

At the time of our last communications, we were not yet able to provide insights on how courts would interpret and apply the Declaration. August finally brought with it the first court decisions construing the Declaration, and they arise in the context of the removal of nursing home negligence actions to federal court. The cases are out of New Jersey and Kansas. While the decisions are far from clear precedent in all contexts, they shed some light on how courts are reading various provisions of the Declaration, and how broadly (or not) they are interpreting the scope of its immunity.

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