Simon Garcia; Rebecca Garcia; Jose Campos; Christopher Garcia, vs. Swift Beef Company; Manny Guerrero; Ashley Henning; Jacob Montoya; Donna Estrada
An appeals court has again ruled that federal laws and policies do not shield Swift Beef Company, a subsidiary of JBS USA, from workers’ COVID-related health liability claims. The U.S. Court of Appeals for the Fifth Circuit vacated a lower court dismissal of the workers’ claims and remanded the case back to Texas State Court. The Court ruled that the defendant failed to prove that the federal government’s “heavy regulation” of the meat processing industry protected the firm from a liability lawsuit. The Swift decision marks at least the sixth time an appeals court has ruled against a meat processor claiming federal actions insulated companies from COVID-related liability claims.
[To accompany Federal Court Case Law Update "Fifth Circuit Rules Against Swift Beef in COVID Case, Remands Back to Texas State Court" from Brooks Animal Law Digest Issue No. 168.]