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Amicus Brief of AHA, Others on Glenhaven Healthcare LLC v. Jackie Saldana PREP Act Immunity Case
The AHA yesterday joined the U.S. Chamber of Commerce and other national organizations in urging the Supreme Court to review a 9th Circuit decision holding that the Public Readiness and Emergency Preparedness Act of 2005 does not provide complete immunity from tort liability for health care providers and other covered entities during the COVID-19 pandemic, “upending Congress’s carefully calibrated scheme.”
Amicus Brief in 6th Circuit Case on PREP Act Immunity
The AHA today joined the U.S. Chamber of Commerce and American Medical Association in urging the 6th Circuit Court of Appeals to overturn a district court decision that refused to allow a case involving the Public Readiness and Emergency Preparedness Act of 2005 to proceed in federal court and sent it back to state court for further proceedings.
“Over a decade ago, Congress recognized the possibility of a nationwide public health emergency much like COVID-19, and expressly provided certain protections for those on the front line of responding to it, in the PREP Act,” the friend-of-the-court brief (LINK) states. “…Rather than leave the adjudication of disputes arising from a national emergency response to disparate state courts across the country, Congress established an exclusive federal remedial scheme and expressly preempted state law that might interfere with that scheme.”
Live Analysis: Supreme Court Hears Oral Arguments in CMS and OSHA Vaccine Mandate Cases January 7, 2022
Key Insights from the Oral Arguments Before the Supreme Court in the CMS and OSHA Vaccine Mandate Cases.
Amicus Brief: AHA, Others File in 5th Circuit Case On PREP Act Immunity
The AHA joined the U.S. Chamber of Commerce and American Medical Association in urging the 5th Circuit Court of Appeals to void a district court decision that refused to allow a case involving the Public Readiness and Emergency Preparedness Act of 2005 to proceed in federal court and sent it back to state court for further proceedings.
Amicus Brief: AHA, Others File in 11th Circuit Case on PREP Act Immunity - July 27, 2021
The AHA joined the U.S. Chamber of Commerce and American Medical Association in urging the 11th Circuit Court of Appeals to void a district court decision that refused to allow the case to proceed in federal court and denied the full protections of the Public Readiness and Emergency Preparedness Act of 2005 for health care providers and other covered entities involved in the administration, manufacture, distribution, use or allocation of countermeasures during the COVID-19 pandemic.