JBS USA’s bid to move a wrongful-death suit in a COVID case from state to federal court has been rejected by a federal judge.
JBS USA’s bid to move a wrongful-death suit in a COVID case from state to federal court has been rejected by a federal judge.
JBS is being sued by the family of a worker at its plant in Montgomery County, Pa., who died of COVID-19 on April 3. It applied to U.S. District Judge John Padova to move the case to federal court, on the grounds that the lawsuit alleges violations of various federal agency guidelines.
Padova rejected those claims, noting that the “guidelines” were not actual regulations, and that then-President Trump’s April 28 order directing meatpacking plants to keep running was not relevant. The lawsuit will remain in Philadelphia County, which is where the city of Philadelphia is located.
This is the second time a major meat processor has been rejected in an attempt to move a COVID wrongful death suit to federal court. Tyson Foods was rebuffed in an attempt to move a case stemming from its pork plant in Waterloo, Iowa, from state court.
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