U.S. Court of Appeals for the Second Circuit

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Case Updates

Second Circuit holds that PREP Act completely preempts only willful misconduct claims, though it provides broader immunity defenses for other state-law claims arising out of the administration of covered countermeasures in the fight against COVID-19

March 07, 2023

Click here to view the opinion.

U.S. Chamber files coalition amicus brief urging Second Circuit to hold that the PREP Act is a complete preemption statute, protecting businesses on the front lines of responding to COVID-19

February 23, 2023

Click here to view the coalition amicus brief. Jeffrey S. Bucholtz and Alexander Kazam of King & Spalding LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Case Documents