SOLOMON v. ST. JOSEPH HOSP.

No. 21-2729 August Term 2021.

62 F.4th 54 (2023)

Zachary SOLOMON, Plaintiff-Appellee, v. ST. JOSEPH HOSPITAL, Catholic Health System of Long Island, Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: March 7, 2023.


Attorney(s) appearing for the Case

Megan A. Lawless , Dylan Braverman , Charles K. Faillace , Vigorito, Barker, Patterson, Nichols & Porter, LLP, Garden City, NY, for Defendants-Appellants.

Adam R. Pulver , Allison M. Zieve , Scott L. Nelson , Public Citizen Litigation Group, Washington, DC; Brett R. Leitner , Leitner Varughese Warywoda PLLC, Melville, NY, for Amicus Curiae Vivian Rivera-Zayas in Support of Neither Party.

Timothy W. Hoover , Spencer L. Durland , Hoover & Durland LLP, Buffalo, NY, for Court-Appointed Amicus Curiae in Support of Neither Party.

Jeffrey S. Bucholtz , Alexander Kazam, King & Spalding LLP, Washington, DC; Jennifer B. Dickey , Jordan L. Von Bokern , U.S. Chamber Litigation Center, Washington, DC; Chad Golder , American Hospital Association, Washington DC; Leonard A. Nelson , American Medical Association, Chicago, IL, for Amici Curiae Chamber of Commerce of the United States of America, American Hospital Association, American Medical Association, and Medical Society of the State of New York in Support of Defendants-Appellants.

Henry M. Greenberg , Zackary Knaub , Julie A. Yedowitz , Greenberg Traurig, LLP, Albany, NY, for Amici Curiae Greater New York Hospital Association and Healthcare Association of New York State, Inc. in Support of Defendants-Appellants.

Before: Livingston, Chief Judge, and Cabranes And Park, Circuit Judges.


Plaintiff Zachary Solomon sued Defendants St. Joseph Hospital and Catholic Health System of Long Island, Inc. for injuries he sustained at St. Joseph Hospital, where he was admitted in March 2020 with COVID-19. Solomon brought claims for malpractice, negligence, and gross negligence in New York state court. Defendants removed...

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