Lori Semlies (Partner-White Plains, NY | New York, NY) was interviewed by Bloomberg Law for a June 22, 2021, article titled, “Nursing Homes Fight Orders Sending Covid [sic] Death Suits to States.” The article discusses upcoming oral arguments in federal appeals court that will address whether COVID-19-related wrongful death suits against nursing homes belong in state or federal court. Lori noted that whoever wins, the issue will likely go to the U.S. Supreme Court and that this case as well as others like it will have national implications. The cases hinge on the Public Readiness and Emergency Preparedness (PREP) Act, which preempts state law, and was designed for public health crises, as well as whether the nursing homes qualify as “federal Officers” for the purpose of obtaining jurisdiction in federal court. Lori pointed out that nursing homes had “never seen anything like” the COVID-19 pandemic, and were constantly responding to changing guidelines and “doing the government’s work” with little resources.

Read the article in Bloomberg Law.