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Judges send Tyson workers’ virus lawsuit back to state court
Legal News |
2022/01/03 18:39
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A federal appeals court has ruled that Tyson Foods can’t claim it was operating under the direction of the federal government when it tried to keep its processing plants open as the coronavirus spread rapidly within them during the early days of the pandemic.
So the Des Moines Register reports that a lawsuit filed by several families of four workers who died after contracting COVID-19 while working at Tyson’s pork processing plant in Waterloo will be heard in state court. The families allege that Tyson’s actions contributed to the deaths.
Tyson had sought to move the case to federal court because it said federal officials wanted it to keep its plants running. The company cited an executive order former President Donald Trump signed that designated meat processors as essential infrastructure.
“The fact that an entity — such as a meat processor — is subject to pervasive federal regulation alone is not sufficient to confer federal jurisdiction,” Judge Jane Kelly wrote in the decision.
The court also noted that Trump’s order was signed in late April 2020 after many of its workers were infected. More than 1,000 Tyson workers at the Waterloo plant tested positive for the virus that spring and at least six died.
Tyson spokesman Gary Mickelson said the Springdale, Arkansas-based company is disappointed in the court ruling, but he defended the steps Tyson took to keep workers safe during the pandemic.
“We’re saddened by the loss of any of our team members to COVID-19 and are committed to protecting the health and safety of our people,” Mickelson said. “We’ve implemented a host of protective measures in our facilities and in 2021 required all of our U.S. team members to be vaccinated.”
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NC voter ID trial delayed as US Supreme Court examines case
Law Firm News |
2021/12/25 13:54
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A federal trial set for January on litigation challenging North Carolina’s voter photo identification law has been delayed while the U.S. Supreme Court weighs whether legislative leaders should be permitted to help defend the law in court.
The Supreme Court said last month it would consider the request of House Speaker Tim Moore and Senate leader Phil Berger to formally step in to the case and defend the 2018 law along with state government attorneys.
The lawsuit was previously scheduled to go to trial in Winston-Salem on Jan. 24. In an order issued Thursday, presiding U.S. District Judge Loretta Biggs said it makes sense to delay the start to avoid further confusion over voter ID. Otherwise, a Supreme Court ruling favoring GOP legislators could require a repeal trial.
“While the court is mindful that parties have been preparing for trial, there is no reason that such preparation must go to waste,” Biggs wrote. No new starting date was set.
Berger and Moore have argued that state attorneys led by Attorney General Josh Stein, a Democrat, have not adequately represented the state to defend the law. Biggs and the full U.S. 4th Circuit Court of Appeals have rejected the GOP leaders’ requests.
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Griffis beginning 8-year term on Mississippi Supreme Court
Legal News |
2021/12/21 13:53
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The Mississippi Supreme Court is holding a ceremony Monday for Justice Kenny Griffis to begin a new term of office.
Griffis served 16 years on the state Court of Appeals. In February 2019, then-Gov. Phil Bryant appointed him to fill an open seat on the Supreme Court.
Griffis won an election to the Supreme Court in November 2020. The court has nine justices, and Griffis holds one of two seats with a delay of more than a year between the election and the beginning of the new term.
During the ceremony Monday at the Gartin Justice Building in Jackson, Griffis will take the oath for an eight-year term.
Griffis is a Meridian native who now lives in Ridgeland. He earned accounting and law degrees from the University of Mississippi. He is an adjunct professor at the Mississippi College School of Law and the University of Mississippi School of Law.
Griffis was chief judge of the 10-member Court of Appeals when Bryant moved him to the Supreme Court.
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Anchorage wins lawsuit over failed port construction
Legal News |
2021/12/16 15:19
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Anchorage has won its lawsuit with a federal agency over failed construction at the state’s largest port.
U.S. Court of Federal Claims Judge Edward J. Damich on Thursday found the U.S. Maritime Administration breached its 2003 and 2011 agreements with the Municipality of Anchorage over construction at the Port of Anchorage, KTUU-TV reported. The facility has since been renamed the Port of Alaska.
“It’s an enormous vindication of what we’ve been saying all along, and that’s basically that the federal government had control of this project and they didn’t perform — they messed it up,” assistant municipal attorney Robert Owens said.
In 2014, Anchorage filed a lawsuit against the maritime administration for more than $300 million over failed construction in the effort to replace deteriorating facilities and upgrade port infrastructure to meet increasing demands.
A nine-day trial was held last spring, at which the municipality argued the government’s 2003 and 2011 agreements required the agency to provide technical expertise to oversee, design and construct the expansion project “free of defect,” the court documents show.
The government countered that Anchorage was the party responsible for managing and executing the project, and the maritime administration didn’t breach any duties.
The judge sided with Anchorage, saying the federal agency failed to enforce its contractual duties or administer funds properly.
The amount of damages have not been awarded yet. Both sides have 10 days to submit arguments for what they believe the monetary award should be.
Anchorage Mayor Dave Bronson called the verdict a victory for Alaska.
“The Port of Alaska is a vital piece of infrastructure for all Alaskans, with roughly 90% of our population touched by goods that come through the Port,” Bronson said in a statement.
The municipality is working with the state and federal government to secure nearly $1.6 billion to repair the port, Bronson said.
An email sent Friday to the U.S. Maritime Administration seeking comment was not immediately returned.
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