CAGLE v. NHC HEALTHCARE-MARYLAND HEIGHTS, LLC

No. 22-2757.

78 F.4th 1061 (2023)

Zane CAGLE, Individually, and in a Representative Capacity for All Persons Identified by RSMo 537.080, Plaintiff-Appellee, v. NHC HEALTHCARE-MARYLAND HEIGHTS, LLC; NHC/OP, LP; NHC/Delaware, Inc.; National Healthcare Corporation, Delaware, Defendants-Appellants. United States Chamber of Commerce; Missouri Chamber of Commerce and Industry; American Medical Association; Missouri State Medical Association; DRI Center for Law and Public Policy, Amici on Behalf of Appellant(s), Justice in Aging, formerly known as National Senior Citizens Law Center; AARP; AARP Foundation, Amici on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: August 28, 2023.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants was David Patrick Franklin , of Saint Louis, MO. Attorneys who appeared on brief on behalf of the appellants were Timothy C. Sansone , of St. Louis, MO., Stephen M. Strum , of St. Louis, MO., and Jamie L. Bracewell , of St. Louis, MO.

Counsel who presented argument on behalf of the appellee was Adam R. Pulver , of Washington, DC. Attorneys who appeared on brief on behalf of the appellee were Michael E. Campbell , of Columbia, MO., Kristin Arnold , of Columbia, MO., Adam R. Pulver, of Washington, DC., and Scott L. Nelson , of Washington, DC.

Counsel who appeared on the amicus brief of The Chamber of Commerce of the United States of America, Missouri Chamber of Commerce and Industry, American Medical Association, and Missouri State Medical Association in support of appellants were Jennifer B. Dickey , of Washington, DC; Jordan L. Von Bokern , of Washington, DC; Jeffrey S. Bucholtz , of Washington, DC; Alexander Kazam , of Washington, DC; Brendan Cossette , of Jefferson City, MO; Leonard A. Nelson , of Chicago, IL; and Geoffrey M. Drake , of Atlanta, GA.

Counsel who appeared on the amicus brief of DRI Center for Law and Public Policy in support of appellants were William M. Jay , of Washington, DC; and Andrew Kim , of Washington DC.

Counsel who appeared on the amicus brief of AARP, AARP Foundation, and Justice in Aging in support of appellees were Eric Carlson , of Los Angeles, CA; Maame Gyamfi , of Washington, DC; Wiliam Alvarado Rivera , of Washington, DC; and Kelly Bagby , of Washington DC.

Before COLLOTON, WOLLMAN, and GRUENDER, Circuit Judges.


In June 2020, Willis Cagle died from COVID-19. He allegedly contracted the disease at his nursing home, NHC HealthCare-Maryland Heights, LLC. His son, Zane Cagle, brought suit in Missouri state court against the nursing home, three corporate entities that own the facility, and twelve administrators and medical professionals...

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