MARTIN v. PETERSEN HEALTH OPERATIONS, LLC

No. 21-2959.

37 F.4th 1210 (2022)

Anita MARTIN, as administrator of the Estate of Marlene Hill, Plaintiff-Appellee, v. PETERSEN HEALTH OPERATIONS, LLC, doing business as Bloomington Rehabilitation & Health Care Center, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 15, 2022.


Attorney(s) appearing for the Case

Robert S. Peck , Attorney, Center for Constitutional Litigation P.C., Washington, DC, Bryan A. Ruggiero , Attorney, Levin & Perconti, Chicago, IL, for Plaintiff-Appellee.

Richard E. Stites , Peter W. Brandt , Attorney, Livingston Barger Brandt & Schroeder, Bloomington, IL, Joseph R. Wetzel , Attorney, Livingston Barger Brandt & Schroeder, Champaign, IL, Defendant-Appellant.

Jeffrey S. Bucholtz , Alexander Kazam , Attorneys, King & Spalding LLP, Washington, DC, Geoffrey Drake , Attorney, King & Spalding LLP, Atlanta, GA, for Amicus Curiae Chamber of Commerce of the United States of America.

Jeffrey S. Bucholtz , Alexander Kazam , Attorneys, King & Spalding LLP, Washington, DC, Geoffrey Drake , Attorney, King & Spalding LLP, Atlanta, GA, Chad Golder , Attorney, American Hospital Association, Washington, DC, for Amicus Curiae American Hospital Association.

Jeffrey S. Bucholtz , Attorney, King & Spalding LLP, Washington, DC, for Amici Curiae American Medical Association, Illinois State Medical Society.

Scott L. Nelson , Michael T. Kirkpatrick , Attorneys, Public Citizen Litigation Group, Washington, DC, for Amicus Curiae Public Citizen.

Scott L. Nelson , Attorney, Public Citizen Litigation Group, Washington, DC, for Amicus Curiae Public Citizen.

Before Easterbrook, St. Eve, and Jackson-Akiwumi, Circuit Judges.


In May 2020, while residing in a nursing home, Marlene Hill died of COVID-19. Her daughter Anita Martin, as administrator of her estate, sued in state court under the Illinois Nursing Home Care Act, 210 ILCS 45/1-101 to 45/3A-101. The nursing home removed to federal court, asserting that Martin's suit necessarily rests...

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