On Friday, employees of Tyson Foods Inc.’s Amarillo facility filed a reply brief to the Fifth Circuit Court of Appeals asking the court to reverse the district court’s order granting Tyson’s motion to dismiss in Wazelle v. Tyson Foods Inc.

The present litigation commenced when the employees filed a complaint in Texas state court against Tyson arguing that it is liable for more than 40 of its employees contracting COVID-19 and one employee’s death. At the state court, the plaintiffs argued that Tyson was liable under state-law negligence and wrongful-death claims, alleging that the unsafe work conditions at the plant caused their injuries and deaths.

Subsequently, Tyson removed the case to federal court invoking the federal-officer-removal statute, against the plaintiffs’ objections, and argued that their actions during the pandemic’s early days were under the direction of federal officers. Further, Tyson filed a motion to dismiss the case stating that the plaintiffs failed to state a claim, which the court granted.

The plaintiffs timely filed an appeal to the Fifth Circuit and argued in their initial brief that the motion to dismiss should be vacated because district court erred by finding federal subject matter jurisdiction when none existed.

Additionally, in the employees’ reply brief they argue that Tyson’s seeks to “rewrite” the district court’s opinion to suggest the district court granted federal subject matter jurisdiction on grounds other than Tyson’s critical...

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