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Tyson Cites Federal Poultry Act to Dismiss Workers’ Virus Claim

Dec. 15, 2020, 7:38 PM

Tyson Foods Inc. said a lawsuit brought by a group of current and former workers who say they contracted Covid-19 at the company’s processing facility in Carthage, Texas, should be dismissed because the gross negligence claim is preempted under the federal Poultry Products Inspection Act.

The company also called into question the workers’ alleged failure to establish causation of their infections. “Plaintiffs must plead—and ultimately prove—that they contracted COVID-19 from their place of work rather than elsewhere, and then, that they contracted COVID-19 due to Tyson’s alleged negligence rather than some other cause,” the motion said. The company added ...

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