A federal appeals court has ruled that Tyson Foods cannot claim that it was operating under the direction of the federal government when it tried to keep processing plants open as the coronavirus spread during the early days of the pandemic.
A lawsuit filed by the families of four plant workers who died after contracting the virus will now be heard in Iowa state court, the Des Moines Register recently reported.
Tyson spokesman Gary Mickelson said in an email that the company is committed to protecting the health and safety of its workers and is saddened by any deaths caused by covid-19.
“We’re reviewing the court’s decision and, while we’re disappointed, we’ll be considering next steps in the legal process,” Mickelson said.
Tyson Foods has argued that the case be heard in federal court because it operated facilities under the direction of federal officials to keep the nation’s food supply steady in the spring of 2020.
Judge Jane Kelly, of the 8th U.S. Court of Appeals, rejected this argument for a number of reasons.
“The fact that an entity — such as a meat processor — is subject to pervasive federal regulation alone is not sufficient to confer federal jurisdiction,” Kelly wrote.