Vehicles sit outside the Tyson Foods plant in Waterloo, Iowa, May 1, 2020. Civil rights attorney Tom Frerichs on June 25, 2020, filed a lawsuit on behalf of the estates of three Tyson Foods workers at its pork processing plant in Waterloo who died after contracting coronavirus. (AP Photo/Charlie Neibergall) 'A Challenging Argument': Tyson Foods Says Federal Law Preempts COVID-19 Lawsuits
In motions to dismiss filed in Iowa and Texas, Tyson cited an April 28 executive order from President Donald Trump to keep meat plants open, as well as two regulatory laws, in arguing that federal law preempts lawsuits brought by employees who got sick or died from COVID-19.
December 10, 2020 at 05:21 PM
9 minute read
Ravaged with COVID-19 infections at its meat plants, Tyson Foods Inc. is turning to federal preemption to wipe out negligence lawsuits brought by dozens of employees and their families who got sick from the coronavirus.
In motions to dismiss the lawsuits or remove them to federal courts, Tyson is turning to the federal government's directives during the pandemic to keep plants operating, including an April 28 executive order from President Donald Trump, as well as two regulatory laws: the Federal Meat Inspection Act and the Poultry Products Inspection Act. While both are specific to the meat packing industry, Tyson's move to assert federal preemption could be a critical defense for companies facing claims that their negligence caused individuals to get the coronavirus—at least, until Congress passes any potential legal immunity provisions as part of the $908 billion COVID-19 relief bill.
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