From our private database of 30,500+ case briefs...
Parker v. St. Lawrence County Public Health Department
Supreme Court of New York, Appellate Division
954 N.Y.S.2d 259 (2012)
In response to the 2009 outbreak of H1N1 influenza, the governor of New York declared an emergency under the federal Public Readiness and Emergency Preparedness Act (PREP Act), which authorized state and local health departments to conduct immunization clinics to administer antiviral vaccinations. A nurse employed by the St. Lawrence County Public Health Department (defendant) inoculated Jennifer Parker’s (plaintiff’s) kindergarten-aged daughter without a signed parental-consent form. Parker sued for negligence and battery. The Department moved to dismiss based on federal preemption, arguing that the state court had no subject matter jurisdiction to hear the case. The trial court refused to dismiss, and the Department appealed.
Rule of Law
Holding and Reasoning (Peters, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 551,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 551,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 30,500 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.