Hudak v. Elmcroft of Sagamore Hills

U.S. Court of Appeals for the Sixth Circuit

Tab Group

Merits Stage

Outcome

January 23, 2023

The Sixth Circuit recognizes that the PREP Act has significant preemptive force, but holds that it could ground federal removal jurisdiction, if at all, only for claims alleging willful misconduct related to the administration or use of covered COVID-19 countermeasures.

U.S. Chamber files coalition amicus brief urging Sixth Circuit to hold that the PREP Act is a complete preemption statute, protecting businesses on the front lines of responding to COVID-19

June 8, 2022

Click here to view the coalition amicus brief. Jeffrey S. Bucholtz, Alexander Kazam, and Geoffrey M. Drake of King & Spalding LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Case Documents

Lower Court Order -- Hudak v. Elmcroft of Sagamore Hills (N.D. Ohio).pdf

U.S. Chamber Coalition Amicus Brief -- Hudak v. Elmcroft of Sagamore Hills (Sixth Circuit).pdf

Opinion -- Hudak v. Elmcroft of Sagamore Hills (Sixth Circuit).pdf