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CANNON v. WATERMARK RETIREMENT COMMUNITIES, INC.

No. 21-7067, No. 21-7096.

45 F.4th 137 (2022)

Anne Jean CANNON, Deceased and Estate of Anne Jean Cannon, By and Through John Cannon and Francis Cannon, Executors of the Estate of Anne Jean Cannon, Appellees v. WATERMARK RETIREMENT COMMUNITIES, INC., et al., Appellants Christopher Beaty, Jr. and Nichole Garcia, as Co-Administrators of the Estate of Christopher David Beaty, Deceased and in Their Own Right, Appellees v. Fair Acres Geriatric Center and Delaware County, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided August 5, 2022.

Attorney(s) appearing for the Case

Amy Miller argued the cause and filed the briefs for appellants.

Jake D. Becker argued the cause for appellees. With him on the brief were Adam R. Pulver , Allison M. Zieve , and Scott L. Nelson .

Ilana H. Eisenstein argued the cause for appellants. With her on the briefs were Ira L. Podheiser and William J. Mundy .

Adam R. Pulver argued the cause for appellees. With him on the brief were Steven J. Pokiniewski , Michael R. Manara , Allison M. Zieve , and Scott L. Nelson .

Before: Srinivasan, Chief Judge, Henderson and Pillard, Circuit Judges.

The Public Readiness and Emergency Preparedness (PREP) Act provides immunity from federal and state law claims relating to the administration of certain medical countermeasures during a declared public health emergency. The Secretary of Health and Human Services (HHS) triggered the PREP Act in response to the COVID-19 pandemic...

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