OSCAR FERNANDEZ, HUS HARI BULJIC, et. al. v. TYSON FOODS, INC., et. al.
Tyson Foods, Inc. has filed a motion with the U.S. Court of Appeals for the Eighth Circuit seeking to stay the court’s mandate that gross negligence cases challenging Tyson’s workplace safety response to the COVID-19 pandemic should return to state court. Tyson is seeking the stay pending its petition for a writ of certiorari to the U.S. Supreme Court on the issue of sufficient circumstances for “federal-officer removal.” Tyson had attempted to remove the Iowa state court lawsuits for gross negligence and fraudulent misrepresentation in the handling of the COVID-19 pandemic, but the Eighth Circuit affirmed a U.S. district court judge’s decision that the cases should be litigated in state court where they were filed.
[To accompany Federal Case Law Update "Tyson Seeks to Stay Remand of Workplace COVID-19 Gross Negligence Cases Pending Appeal to the U.S. Supreme Court on the Issue of Removal" from Brooks Animal Law Digest Issue No. 129.]