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Case Number: 21-3836
Judge: Karen Nelson Moore
Court: United States Court of Appeals for the Sixth Circuit on appeal from the Northern District of Ohio (Summit County)
Plaintiff's Attorney: Adam R. Pulver
Defendant's Attorney: Teresa Pike Timlinson
Description: Akron, Ohio personal injury lawyer represented Plaintiff, who sued Defendants on negligence theories.
In May 2020, Laura Hudak’s father, William P. Koballa, died of COVID-19. Hudak, acting as executrix of Koballa’s estate, sued in state court, asserting negligence and related state-law claims against Elmcroft of Sagamore Hills,
an assisted-living facility in Ohio, and several entities that own or operate the facility (collectively, “Elmcroft”), for their alleged failure to take care of her father. Elmcroft removed the case from state court to federal court pursuant to the general removal statute, 28 U.S.C. § 1441(a), and the federal-officer removal statute, 28 U.S.C. § 1442(a)(1), based on arguments it made under the Public Readiness and Emergency Preparedness Act (“PREP Act” or “Act”),
42 U.S.C. § 247d-6d. The district court found that the PREP Act did not provide grounds for removal under either removal statute and remanded the case to state court for lack of subjectmatter jurisdiction.