{"id":"LAW-479","kind":"law","level":"law","jurisdiction":"","state":"","metro":"","industry":"","agency":"","eco":"","issuer":"United States Court of Appeals for the Eighth Circuit (Kelly, J.)","authority":"Buljic v. Tyson Foods, Inc., 22 F.4th 730 (8th Cir. 2021), Nos. 21-1010, 21-1012","instrument":"Buljic v. Tyson Foods, Inc., 22 F.4th 730 (8th Cir. 2021), Nos. 21-1010, 21-1012","title":"Buljic v. Tyson Foods, Inc., 22 F.4th 730 (8th Cir. 2021), Nos. 21-1010, 21-1012","dateIssued":"2021-12-30","effective":"","end":"","startDate":"2021-12-30","endDate":"","quarters":[],"types":[],"addressees":[],"clause":"","enforcement":"","functions":[],"notes":"Gross-negligence and fraudulent-misrepresentation claims by relatives of Waterloo, Iowa plant workers who died of COVID-19; removal under the federal-officer statute; remand to state court affirmed (at 1, 19). Recites the federal directives: Executive Order 13917 directing the Secretary of Agriculture to ensure processors \u0027continue operations consistent with the guidance\u0027 from CDC and OSHA (at 7); the USDA would \u0027work with meat processing to affirm they will operate in accordance with the CDC and OSHA guidance\u0027 (at 8); the Secretary \u0027direct[ed] meat and poultry processors to utilize the guidance issued... by CDC and OSHA... to implement practices and protocols for staying operational\u0027 (at 8). Tyson was not \u0027acting under\u0027 a federal officer: \u0027The record, however, tells a different story\u0027 (at 13).","sourceUrl":"https://ecf.ca8.uscourts.gov/opndir/21/12/211010P.pdf","snapshot":"","fileExists":true,"fileBytes":93515,"grade":"primary","character":"case","description":"","collection":"LEG-D","url":"/library/LAW-479","exhibitUrl":"/exhibit/LAW-479","citation":"United States Court of Appeals for the Eighth Circuit (Kelly, J.), Buljic v. Tyson Foods, Inc., 22 F.4th 730 (8th Cir. 2021), Nos. 21-1010, 21-1012 (Dec. 30, 2021) (Ex. LAW-479)","stateName":"","related":[]}