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New York Law Journal: Graham & Tomlinson on Potential PREP Act Circuit Court Review

New York Law Journal Graham Tomlinson PREP ACT Court Review

In a New York Law Journal article evaluating the application of the Public Readiness and Emergency Preparedness Act (PREP) to claims of health care provider liability related to medical countermeasures against the COVID-19 pandemic, Drew Graham and Teresa Pike Tomlinson, Partners at Hall Booth Smith, explain why the PREP Act may finally get the review it is due following the remanding by district courts of more than 100 cases claiming concurrent jurisdiction.

“The PREP Act may finally get the review it is due in the circuit court system, where appellate courts will be less impressed with the quantity of district court remands and more persuaded by the quality of the argument reflected by Congress’ own words, to wit: ‘This Court bears ‘no warrant to ignore clear statutory language on the ground that other courts have done so.’”

Subscribers to New York Law Journal may read the complete article here.

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