State ex rel. Clinton No. 1, Inc., Relator v. the Honorable Brandon Baker

Summary

The Court quashed its preliminary writ of mandamus because the wrongful-death petition did not itself implicate any of the federal or state immunities asserted by Clinton. The PREP Act was not implicated because the petition did not allege that a covered countermeasure caused Gray’s room placement or death; the state immunities likewise did not warrant dismissal based on the allegations before the circuit court. The Court also held that the circuit court properly declined to consider an affidavit attached to a motion to dismiss that was not converted into a motion for summary judgment.