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The PREP Act and Willful Misconduct
The PREP Act makes it nearly (but not totally) impossible to file a civil lawsuit seeking compensation for losses that people may have suffered. Attorney Ray Flores sheds light on the details.
Please watch the video below:
https://rumble.com/v6smpr5-an-interview-about-the-prep-act-with-ray-flores.html
Please support Ray Flores’s work: https://RayFloresLaw.Substack.com
READ THE PREP ACT:
WILLFUL MISCONDUCT
Under the PREP Act, it IS possible to file a civil lawsuit seeking compensation for loss.
However, the only way to bring a civil lawsuit seeking compensation for one’s loss is to file the case in the United States District Court for the District of Columbia. The only cause of action is in cases that resulted in death or serious physical injury that was proximately caused by willful misconduct.
Under the PREP Act:
(c)(1)(B) “establishing a standard for liability that is more stringent than a standard of negligence in any form or recklessness”
(c)(3) “the plaintiff shall have the burden of proving by clear and convincing evidence willful misconduct by each covered person sued”
(d)(1) “the sole exception to the immunity from suit and liability of covered persons set forth in subsection (a) shall be for an exclusive Federal cause of action against a covered person for death or serious physical injury proximately caused by willful misconduct”
Background:
- In civil cases, the plaintiff must prove their claim by a “preponderance of the evidence,” meaning it is more likely than not that their claims are true.
- In contrast, criminal cases require proof “beyond a reasonable doubt,” which is a much higher standard.
- First-degree murder generally requires proof of premeditation and deliberation.
- Second-degree murder typically involves proof of intentional killing without prior planning.
- Involuntary manslaughter involves an unintentional killing that results from a negligent or reckless act.
However, under the PREP Act, proving willful misconduct requires clear and convincing evidence that the defendant committed an intentional act or omission, done with knowledge of, or a reckless disregard for, the potential harm it could cause.
The PREP Act has set the bar unreasonably high for a civil case that is seeking compensation for loss.
As defined in the PREP Act, willful misconduct is such a serious act that it should be tried in a criminal court, not in a civil proceeding.
The PREP Act violates our rights under the 7th Amendment by holding plaintiffs to a higher standard than that which is required to prove guilt in a case involving involuntary manslaughter.
LAUNCHING SATURDAY MAY 3, 2025:
James Roguski
310-619-3055
JamesRoguski.substack.com/archive
FOR COMPLETE DETAILS: REPEALThePREPAct.com
SIGN THE PETITION: REPEALThePREPAct.ORG
All support is deeply appreciated.
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