Personal Injury and the PREP Act: Asserting Immunity and Understanding Its Limitations
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will guide personal injury attorneys--whether for plaintiff or defendant--through workings of the Public Readiness and Emergency Preparedness Act (the PREP Act), the four subsequent interpretive advisories, and the developing case law. With future massive public health emergencies almost certain to occur, both plaintiff and defense counsel should understand how the PREP Act works, whether all state law claims are preempted, whether invocation of the PREP Act triggers federal question jurisdiction, when and how immunity is invoked, and the precise scope of the immunity available to which defendants and for what acts.
Outline
- What is PREP?
- Covered countermeasures
- Covered persons
- When is immunity triggered?
- Limits of immunity
- Recent case law
- Federal Jurisdiction and Preemption
- Extraterritorial application outside the U.S.
- Countermeasures Injury Compensation Program
Benefits
The panel will review these and other key issues:
- What categories of defendants are eligible for immunity?
- What types of activities will trigger immunity?
- Is immunity available for both affirmative use of mitigations and failure to use any measures, both, or neither?
- Are there degrees of immunity or protection?
- Does the PREP Act preempt all state statutes, and if so, which ones?
- Does the PREP Act provide federal question jurisdiction?
- How do immunity statutes impact insurance coverage of the defendant?
Faculty
Nathan A. Adams, IV
Partner
Holland & Knight
Mr. Adams is a partner practicing in complex commercial and appellate litigation and regulatory compliance. His... | Read More
Mr. Adams is a partner practicing in complex commercial and appellate litigation and regulatory compliance. His litigation experience includes class action defense and arbitration in a wide variety of industries, some of which are featured below. Mr. Adams has argued in federal courts nationwide and is a member of the U.S. Supreme Court, several federal appellate and district courts, The Florida Bar, Colorado Bar Association and The District of Columbia Bar.
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Jesse M. Coleman
Partner
Seyfarth Shaw
Mr. Coleman assists clients with breach of contract and general business tort litigation. He has handled numerous trade... | Read More
Mr. Coleman assists clients with breach of contract and general business tort litigation. He has handled numerous trade secret and noncompete matters for clients across the business spectrum from hospitality to telecommunications. He has further successfully litigated multiple trade secret and noncompete matters, assisting clients in protecting their trade secrets, obtaining injunctive relief, and defending against claims of misappropriation.
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Erik K. Swanholt
Partner
Foley & Lardner
With more than 20 years of experience as an adviser, litigator and trial lawyer for Fortune 500 companies and start-ups... | Read More
With more than 20 years of experience as an adviser, litigator and trial lawyer for Fortune 500 companies and start-ups alike, Mr. Swanholt has a broad range of experience spanning multiple disciplines. His primary focus, however, is on advising and representing manufacturers, distributors, and retailers of consumer and industrial products in all areas of their business.
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