Personal Injury and the PREP Act: Asserting Immunity and Understanding Its Limitations
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar 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, when and how immunity is invoked, and the precise scope of the immunity available to which defendants and for what acts.
- What is PREP?
- Covered countermeasures
- Covered persons
- When is immunity triggered?
- Limits of immunity
- Recent case law
- Extraterritorial application outside the U.S.
- Countermeasures Injury Compensation Program
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?
- How do immunity statutes impact insurance coverage of the defendant?
Erik K. Swanholt
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.Close
to be announced.
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