Buljic v. Tyson Foods, Inc., 22 F.4th 730 (8th Cir. 2021), Nos. 21-1010, 21-1012

Gross-negligence and fraudulent-misrepresentation claims by relatives of Waterloo, Iowa plant workers who died of COVID-19; removal under the federal-officer statute; remand to state court affirmed (at 1, 19). Recites the federal directives: Executive Order 13917 directing the Secretary of Agriculture to ensure processors 'continue operations consistent with the guidance' from CDC and OSHA (at 7); the USDA would 'work with meat processing to affirm they will operate in accordance with the CDC and OSHA guidance' (at 8); the Secretary 'direct[ed] meat and poultry processors to utilize the guidance issued... by CDC and OSHA... to implement practices and protocols for staying operational' (at 8). Tyson was not 'acting under' a federal officer: 'The record, however, tells a different story' (at 13).