Hus Hari BULJIC, individually and as administrator of the estate of Sedika Buljic; Honario Garcia, individually and as administrator of the estate of Reberiano Leno Garcia; Miguel Angel Hernandez, as co-administrator of the estate of Jose Luis Ayala, Jr.; Arturo de Jesus Hernandez, as co-administrator of the estate of Jose Luis Ayala, Jr., Plaintiffs-Appellees,
v.
TYSON FOODS, INC.; Tyson Fresh Meats, Inc.; John H. Tyson; Noel W. White; Dean Banks; Stephen R. Stouffer; Tom Brower, Defendants-Appellants.
Mary Oleksiuk; Elizabeth Croston, Defendants.
Tom Hart, Defendant-Appellant.
Hamdija Beganovic; James Cook; Ramiz Muheljic; Gustavo Cabarea; Pum Pisng; Alex Bluff; Walter Cifuentes; Muwi Hlawnceu, Defendants.
Cody Brustkern, Defendant-Appellant.
Mark Smith; John Does 1-10, Defendants.
Bret Tapken; John Casey; James Hook, Defendants-Appellants.
United Food and Commercial Workers International Union; State of California; State of Maryland; State of Delaware; State of Minnesota; State of Colorado; State of Connecticut; State of Hawaii; State of Illinois; State of Maine; State of Massachusetts; State of Michigan; State of Nevada; State of New Mexico; State of New York; State of Oregon; State of Pennsylvania; State of Rhode Island; State of Washington; State of Wisconsin; District of Columbia; United States; Public Justice, Amici on Behalf of Appellee(s).
Oscar Fernandez, individually, and as administrator of the estate of Isidro Fernandez, Plaintiff-Appellee
v.
Tyson Foods, Inc.; Tyson Fresh Meats, Inc.; John H. Tyson; Noel W. White; Dean Banks; Stephen R. Stouffer; Tom Brower, Defendants-Appellants.
Mary Oleksiuk; Elizabeth Croston, Defendants.
Tom Hart, Defendant-Appellant
Hamdija Beganovic; James Hook; Ramiz Muheljic; Missia Abad Bernal; John and Jane Does 1-10, Defendants.
Cody Brustkern; John Casey; Bret Tapken, Defendants-Appellants.
United Food and Commercial Workers International Union; State of California; State of Maryland; State of Delaware; State of Minnesota; State of Colorado; State of Connecticut; State of Hawaii; State of Illinois; State of Maine; State of Massachusetts; State of Michigan; State of Nevada; State of New Mexico; State of New York; State of Oregon; State of Pennsylvania; State of Rhode Island; State of Washington; State of Wisconsin; District of Columbia; United States; Public Justice, Amici on Behalf of Appellee(s).
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted: September 23, 2021.
Filed: December 30, 2021.
Attorney(s) appearing for the Case
Counsel who presented argument on behalf of the appellants and appeared on the appellants' brief was Paul D. Clement , of Washington, DC. The following attorney(s) also appeared on the appellants' brief; Nicholas A. Klinefeldt , of Des Moines, IA., Erin Murphy , of Washington, DC., C. Harker Rhodes, IV , of Washington, DC., David Yoshimura , of Des Moines, IA.
Counsel who presented argument for amicus curiae United States, on behalf of the appellees, and appeared on the amicus brief of the United States was Lindsey Powell , USDOJ, of Washington, DC. The following attorney(s) also appeared on the amicus brief of the United States; Michael Raab , USDOJ, of Washington, DC.
The following attorney(s) appeared on the amicus brief of United Food and Commercial Workers International Union; Jay Madison Smith , of Sioux City, IA., Joey Hipolito , of Washington, DC., Sarai King, of Washington, DC.
The following attorney(s) appeared on the amicus brief of Public Justice, P.C.; Karla Gilbride , of Washington, DC., Randolph Chen, of Washington, DC.
The following attorney(s) appeared on the amicus brief of the States of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Washington, Wisconsin and District of Columbia; Silas Shawver , AAG, of Oakland, CA., Anna Kirsch , AAG, of Oakland, CA.
Before KELLY, ERICKSON, and GRASZ, Circuit Judges.
KELLY, Circuit Judge.
In these two cases, Plaintiffs-Appellees are relatives of individuals who worked at the Tyson Foods pork processing facility in Waterloo, Iowa, contracted COVID-19 (allegedly at work), and later died. Defendants-Appellants are Tyson Foods, executives of Tyson Foods, and supervisors at Tyson's Waterloo facility (collectively...
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