The U.S. Court of Appeals for the Fifth Circuit (Eastern Louisiana) has ruled that federal policy embodied in the Presidential Executive Order of April 28th 2020 did not protect employers from claims by workers in meat plants arising from COVID.
The case involved a lawsuit filed by workers at the Swift Beef Subsidiary of JBS USA alleging negligence leading to outbreaks of COVID. Previously a district court held that the Company "acted at the direction of a federal officer to
maintain production in a critical infrastructure” and accordingly the case was dismissed. The decision of the U.S. Court of Appeals refers the case back to the lower court that will now be obliged to proceed with the lawsuit.