Martin v. Petersen Health

Dist. Ct. did not err in remanding instant case, alleging violation of Illinois Home Care Act, arising out of COVID-19 death of nursing home resident, even though defendant-nursing home removed instant case to federal court by arguing that case necessarily rested on federal law for purposes of removal under 28 USC section 1441(a), and that it was acting as federal officer for purposes of 28 USC section 1442(a)(1). Mere fact that defendant was subject to orders issued by Centers for Disease Control after pandemic began did not turn defendant, as private entity, into public actor, and Ct. of Appeals noted that plaintiff’s complaint under state law was not arguably preempted by any federal law. Moreover, plaintiff’s lawsuit, which alleged that defendant allowed members of its staff to work while ill and failed to isolate residents who had contracted COVID-19 had nothing to do with any federal statute, for purposes of section 1441. Ct. rejected defendant’s claim that Public Readiness and Emergency Preparedness Act preempted all claims under state law related to COVID-19.