Defendant's Attorney: Not Available

Description:

Miami, Florida personal injury lawyers represented the Plaintiffs who sued the Defendants on wrongful death theories.
GVDB Howard Schleider and Felice Vinarub, as co-personal representatives for the Estate of Sara
Schleider (collectively, “Plaintiffs”), initiated this case in Florida
state court. In their complaint, Plaintiffs asserted state-law claims.
They alleged that Defendants failed to prevent the spread of
COVID-19 at their assisted living facility and, as a result, Sara
Schleider contracted COVID-19 and died soon after.

Defendants removed the state court action to federal court
and asserted that the district court had federal subject matter juris-
diction because: (1) Defendants were acting under a federal officer;
(2) Plaintiffs’ claims were completely preempted by the Public
Readiness and Emergency Preparedness Act (the “PREP Act”), 42
U.S.C. §§ 247d-6d, 247d-6e; and (3) Plaintiffs’ claims raised an em-
bedded federal question concerning the PREP Act. The district
court, however, concluded that it lacked subject matter jurisdiction and remanded the case to state court.

* * *

Under 28 U.S.C. § 1441(a), a defendant may remove “any
civil action brought in a State court of which the district courts of
the United States have original jurisdiction.” When, as here, com-
plete diversity citizenship does not exist, the defendant must show
that federal question jurisdiction is present. Id. § 1441(b); see also
Caterpillar, Inc. v. Williams, 482 U.S. 386, 392 (1987) (“Absent diver-
sity of citizenship, federal-question jurisdiction is required.”). “A
removing defendant bears the burden of proving proper federal ju-
risdiction.” Adventure Outdoors, Inc. v. Bloomberg, 552 F.3d 1290,
1294 (11th Cir. 2008). Federal courts have federal jurisdiction over
“all civil actions arising under the Constitution, laws, or treatises of
the United States.” 28 U.S.C. § 1331.

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

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