Solomon v. St. Joseph Hospital

U.S. Court of Appeals for the Second Circuit

Tab Group

Merits Stage

Second Circuit holds that PREP Act completely preempts only willful misconduct claims, though it provides broader immunity defenses for other state-law claims arising out of the administration of covered countermeasures in the fight against COVID-19

March 7, 2023

Click here to view the opinion.

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

February 23, 2023

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

Case Documents

U.S. Chamber Coalition Amicus Brief -- Solomon v. St. Joseph Hospital (Second Circuit).pdf

Opinion -- Solomon v. St. Joseph Hospital (Second Circuit).pdf