DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
222757P.pdf 08/28/2023 Zane Cagle v. NHC Healthcare
U.S. Court of Appeals Case No: 22-2757
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Colloton, Author, with Wollman and Gruender, Circuit Judges]
Civil case - COVID-19. Plaintiff alleged his father died from COVID-19 at
his nursing home as a result of the home's failure to conduct a proper
quarantine, adequately train its staff, and keep sick staff from patients.
The defendants removed the case to federal court, but the district court
remanded it to state court. Defendants appeal. The district court did not
err in remanding the matter as there was not complete diversity; the
federal PREP Act, 42 U.S.C. Sec. 247d-6d(a)(1) does not completely preempt
plaintiff's state law theories of liability; removal was not authorized by
the federal officer removal statute - 28 U.S.C. Sec. 1442.