NCHCFA Files Joint Amicus Brief in Land v. Whitley

NCHCFA filed a joint amicus brief last week, along with the NC Senior Living Association and the NC Assisted Living Association, urging the NC Supreme Court to review the decision of the NC Court of Appeals in the case of Land v. Whitley. The case involves application of the “Emergency or Disaster Treatment Protection Act,” a broad, COVID-era immunity statute for healthcare providers adopted by the NC General Assembly early in the 2020 COVID pandemic.     

Other groups that filed similar friend of the court briefs seeking NC Supreme Court review include the NC Medical Society, NC Association of Defense Attorneys, and NC Chamber Legal Institute.    

Collectively these amicus briefs contend the NC Court of Appeals’ decision in the case could have the effect of nullifying the breadth of immunity provided by the Act in this case and potentially more broadly, and they ask the NC Supreme Court to take the case and reverse the decision.     

You can read NCHCFA’s brief here and the NC Chamber Legal Institute’s brief here.