In a long awaited decision, Megan Lawless and Dylan Braverman obtained dismissal of all claims brought against the firm’s nursing home client based on the federal PREP Act and the state EDTPA immunities. Plaintiff alleged negligence, malpractice, gross negligence, wrongful death and statutory violations against the nursing home based on their response to COVID-19 and the treatment of the patient. Megan and Dylan moved to dismiss citing the COVID-19 emergency immunities passed by NY State and issued by the federal government. The motion to dismiss was delayed due to the pendency of an Article 78 Petition addressing the legality of the court ordered coordination of all COVID-19 nursing home claims in the state of New York. However, after coordination of these claims were dismantled as a result of the Article 78 Petition, the trial court moved on towards deciding the motion to dismiss this case. The court found that the EDTPA was not retroactively repealed and that all remaining arguments by plaintiff were without merit. Thus, this case was dismissed based on the federal and state immunities.