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Tyson COVID lawsuits to remain in state court
Company sought to move Waterloo cases to federal court
Workers at the Tyson pork plant in Waterloo tour safety measures put in place at the plant in May 2020 after the plant closed after workers had died of COVID-19. A federal appeals court has ruled lawsuits against the company, filed by survivors of those who died, will remain in state court instead of federal court. (Brandon Pollock/Waterloo-Cedar Falls Courier)
WATERLOO — Lawsuits brought by family members of Waterloo Tyson workers who died early in the COVID-19 pandemic will remain in state court, according to a federal appellate court ruling.
The U.S. Court of Appeals for the 8th Circuit last week affirmed a district-court ruling that there were no grounds to move the cases to federal court.
Tyson’s attorneys sought to have the cases moved to federal court because of presidential directives put in place to protect food supply chains — including meat processing — during the pandemic.
“The fact that an industry is considered critical does not necessarily mean that every entity within it fulfills a basic governmental task or that workers within that industry are acting under the direction of federal officers,” the court ruled.
The ruling covers two lawsuits brought against Tyson Fresh Meats and company officials by the estates of Sedika Buljic, Reberiano Leno Garcia and Jose Luis Ayala Jr.
Relatives charge fraudulent misrepresentation and gross negligence by Tyson after plant workers contracted the coronavirus, allegedly while on the job, during an outbreak at the plant in March and April 2020, according to court records.
In its Friday ruling, the Court of Appeals also noted Tyson had shut down other operations while keeping the Waterloo plant running. The Waterloo facility was later closed while additional safety measures were put in place.
A separate lawsuit brought by the estates of Tyson workers Jeffrey Orvis and Arthur Scott, both of Waterloo, had similarly been transferred to federal court. They were placed on hold in July pending the outcome of the appellate ruling issued last week.
