Ruth v. Elderwood

New York

(NY App. Div., filed on July 29, 2022): Arguing that the governor’s repeal of New York’s COVID-19 safe harbor provision in Article 30-D of the Public Health Law (Emergency or Disaster Treatment Protection Act (“EDTPA) should not apply retroactively.  The presumption against retroactive application is deeply rooted in fundamental principles of fairness and serves the public interest.  

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