The Argument for Litigating COVID-19 Cases Against Nursing Homes in Federal Court


In this Law360 article, partners Andrew Silverman and Marc Shapiro analyze the increasing trend of Covid-19 related cases against nursing homes and the arguments for litigating them in federal court.
Andrew and Marc predict there could be tens of thousands of cases against nursing homes – and maintain jurisdiction belongs in federal court.

“Long-term care facilities were at the center of an all-hands-on-deck federal response to the COVID-19 threat, and their conduct cannot be judged independent of the federal direction they received,” the article stated. “That makes a federal forum the proper forum under two different doctrines: federal officer removal and complete preemption.”