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HUDAK v. ELMCROFT OF SAGAMORE HILLS

No. 21-3836.

58 F.4th 845 (2023)

Laura HUDAK, Executrix of the ESTATE OF William P. KOBALLA, deceased, Plaintiff-Appellee, v. ELMCROFT OF SAGAMORE HILLS; Elmcroft by Eclipse Senior Living; Eclipse Senior Living, Inc.; Eclipse Portfolio Operations, LLC; Eclipse Portfolio Operations II, LLC; Jamie Ashley Cohen, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 23, 2023.

Attorney(s) appearing for the Case

ARGUED: Teresa Pike Tomlinson , HALL BOOTH SMITH, P.C., Columbus, Georgia, for Appellants. Adam R. Pulver , PUBLIC CITIZEN LITIGATION GROUP, Washington, D.C., for Appellee. ON BRIEF: Teresa Pike Tomlinson , T. Andrew Graham , HALL BOOTH SMITH, P.C., Columbus, Georgia, Keith K. Hansbrough , MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN, Cleveland, Ohio, for Appellants. Adam R. Pulver , Allison M. Zieve , PUBLIC CITIZEN LITIGATION GROUP, Washington, D.C., Patrick T. Murphy , Christian D. Foisy , DWORKEN & BERNSTEIN CO., L.P.A., Cleveland, Ohio, for Appellee. Jeffrey S. Bucholtz , Alexander Kazam , KING & SPALDING LLP, Washington, D.C., Kyle A. Palazzolo , AMERICAN MEDICAL ASSOCIATION, Chicago, Illinois, for Amici Curiae.

Before: MOORE, GIBBONS, and LARSEN, Circuit Judges.

OPINION

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...

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