Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Krol v. The Cottages at Garden Grove

Covid-19 Death Suit Claims Not Precluded by PREP Act, Removal Not Justified Under 'Grable'

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff Kenneth Krol, as Administrator of the Estate of Jeanette Krol, deceased, (“Plaintiff”) initially brought this action in the Supreme Court of the State of New York, Oneida County, asserting State law personal injury claims against the Cottages at Garden Grove (“Defendant”), a nursing home in Cicero, New York. (Dkt. No. 1). Now before the Court are: 1) Defendant’s motion to dismiss the Complaint pursuant to Federal Rules of Civil Procedure (“Fed. R. Civ. P.”) 12(b)(1) and 12(b)(6); and 2) Plaintiff’s motion for remand to State court in accordance with 28 U.S.C. §1447. (Dkt. Nos. 10, 14). For the reasons stated below, Plaintiff’s motion to remand is granted and Defendant’s motion to dismiss is denied as moot. II. BACKGROUND A. Procedural Background1 On July 7, 2021, Plaintiff commenced an action in New York State Supreme Court, County of Oneida, under Index No. 001626/2021, asserting claims against Defendant in connection with the death of Jeanette Krol. (Dkt. No. 1, 1). On September 18, 2021, Defendant removed the case to this Court. (Id.,

1-5). On September 27, 2021, Defendant moved to dismiss pursuant to Rules 12(b)(1) and 12(b)(6). (Dkt. No. 10). On October 18, 2021, Plaintiff moved to remand pursuant to 28 U.S.C. §1447. (Dkt. No. 14). Each party has filed responsive papers. (Dkt. Nos. 19-21). B. Plaintiff’s Complaint Plaintiff is the son of Jeanette Krol (“Ms. Krol”) and the Administrator of her estate. (Dkt. No. 2,

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
Go to Events Go to Webcasts
Insurance Coverage Litigation Attorney - New York

Cullen and Dykman is seeking an associate attorney with a minimum of 5+ years in insurance coverage experience as well as risk transfer and ...


Apply Now ›
INSURANCE COVERAGE ASSOCIATE

McCarter & English, LLP is actively seeking a midlevel insurance coverage associate for its Newark, NJ and/or Philadelphia, PA offices. ...


Apply Now ›
BANKRUPTCY & COMMERCIAL LITIGATION ASSOCIATE

McCarter & English, LLP, a well established and growing law firm, is actively seeking a talented and driven associate having 2-5 years o...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements