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Centinela Skilled Nursing & Wellness Centre West, LLC, et al. v. Shalimah Abdullah, as Legal Representative and Successor-in-Interest of Eric Holloway, Deceased, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-56011 · judgment August 11, 2023


Certiorari denied · January 8, 2024
Pre-decision estimate: 21% cert probability (95% interval 14%–30%)

Before the decision, about 5× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a Ninth Circuit decision below.

Question presented

“[W]hen a federal statute wholly displaces” a plaintiff’s “state-law cause of action through complete pre-emption,” the defendant may remove the case to federal court even though “the complaint does not” purport to “allege a federal claim.” Beneficial Nat’l Bank v. Anderson, 539 U.S. 1, 6, 8 (2003). In the face of a public health emergency, the Public Readiness and Emergency Preparedness (PREP) Act, 42 U.S.C. §§ 247d-6d, 247d-6e, empowers the Secretary of the Department of Health and Human Services to designate countermeasures to assist in the diagnosis, prevention, treatment, and containment of disease. § 247d-6d(b). The Act grants immunity from suit and liability for certain “covered person[s]” on the front lines responding to public health emergencies for claims relating to the administration or use of a covered countermeasure, § 247d-6d(a)(1); creates an exclusive federal cause of action for claims of willful misconduct, § 247d-6d(d); and establishes a no-fault victim compensation fund for serious injury or death, § 247d-6e. There is a circuit split between the Third, Second, Fifth, and Eighth Circuits on one side and the Ninth Circuit on the other as to whether the Act completely preempts state-law claims for willful misconduct, but they and other circuits hold that the Act does not completely preempt other state-law claims, such as claims of negligence. The question presented is: Does the PREP Act completely preempt statelaw claims against a covered person relating to the

Counsel of record

For petitioner
David Zarmi
Zarmi Law

For respondent
Christian R. Oliver
The Barnes Firm, lc

Case

Subject area
Federalism (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, January 8, 2024 · Certiorari denied

Proceedings

  1. Jan 08 2024
    Petition DENIED.
  2. Dec 06 2023
    DISTRIBUTED for Conference of 1/5/2024.
  3. Nov 16 2023
    Waiver of right of respondent Eric Holloway, Shalimah Abdullah to respond filed.
  4. Nov 01 2023
    Petition for a writ of certiorari filed. (Response due December 6, 2023)