Solomon v. St. Joseph Hosp., No. 21-2729 (2d Cir. 2023)
Annotate this Case
Plaintiff 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. Plaintiff brought claims for malpractice, negligence, and gross negligence in New York state court. Defendants removed the case to the New York district court and moved to dismiss for lack of subject-matter jurisdiction. Defendants asserted state and federal immunities under the Emergency or Disaster Treatment Protection Act (“EDTPA”) and the Public Readiness and Emergency Preparedness Act (“PREP Act”). The district court denied Defendants’ motion to dismiss.
The Second Circuit vacated the district court’s order and remanded with directions to remand the case to state court. The court concluded that removal to federal court was improper because the district court lacked jurisdiction to hear the case. First, Plaintiff’s state-law claims are not completely preempted by the PREP Act. Second, there is no jurisdiction under the federal-officer removal statute because Defendants did not “act under” a federal officer. Finally, Plaintiff’s claims do not “arise under” federal law.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.