Tyson Foods Says Claims in COVID-19 Worker Death Lawsuit Preempted
December 14, 2020
- Motion to Dismiss
DES MOINES, Iowa — Tyson Foods Inc. has moved to dismiss a lawsuit accusing it of causing a worker’s death by negligently failing to enforce COVID-19 safety protocols in its Iowa meatpacking plant, arguing that the claims are preempted by federal law.
Specifically, in a Dec. 7 motion filed in the U.S. District Court for the Southern District of Iowa, Tyson contends that the claims are governed by the exclusive remedy provisions of the Iowa Workers’ Compensation Act (IWCA), which states that workplace injury claims must be heard by the state’s Division of Workers’ Compensation.
The family of Pedro Cano …
- Brady Preston Gronlund PC
- Finley Law Firm
- Perkins Coie LLP