PoultryPlant_wide.jpg
May 18, 2020 by Darya Minovi

Virtual Town Hall Meeting to Focus on Delmarva Agricultural Pollution's Impact on Public Health

In recent weeks, as a result of cramped conditions and inadequate protections, several U.S. meat plants have closed due to coronavirus outbreaks among workers. In one particularly stunning instance, a Tyson pork processing plant in Perry, Iowa, shut down after 730 workers (58 percent of the plant's workforce) tested positive. New data from Johns Hopkins University shows that the virus spreads at more than twice the national rate in counties with major meatpacking plants. The United States now faces a meat shortage, a direct result of a broken food system – one that is built to reliably feed the bottom line of industrial agriculture at the expense of public health.

Despite the chaos, federal agencies’ responses seem to favor industry over worker and consumer health. In March, the Food and Drug Administration postponed in-person inspections at factories, canneries, and poultry farms, then in April gave a number of plants permission to increase the speed of their production lines. This means fewer inspectors overseeing the additional workers needed to keep up with the faster line. The U.S. Environmental Protection Agency has also granted animal feeding operations a waiver on the number of animals allowed before being classified as concentrated animal …

May 14, 2020 by Michael C. Duff
coronavirus3-pixabay-wide.jpg

Listening in on Tuesday's Senate Hearing on Corporate Liability During the Coronavirus Pandemic – you can find the video here and do a text search for "workers' compensation" – I was especially pleased to hear workers' compensation immunity discussed at 1:14:20 to about 1:14:50. Sen. Sheldon Whitehouse of Rhode Island specifically asked whether blanket corporate immunity would constitute subsidization of workers' compensation insurers. Witness Professor David Vladeck of Georgetown University Law Center responded that it very well could if workers' compensation were not carved out of the bill. I did not hear anyone contend during the hearing that workers' compensation could not be part of an immunity blanket, which is food for thought.

Coincidentally, I had been reading in The Atlantic as the Senate hearing was commencing an exceptionally good and sobering account of …

May 13, 2020 by Daniel Farber
poultry-processing-line-wide.jpg

Originally published on Legal Planet. Reprinted with permission.

Sen. Mitch McConnell is demanding that any future coronavirus relief law provide a litigation shield for businesses, and other conservative and business interests have made similar proposals. So far, the supporters of these proposals have engaged in some dramatic handwaving but haven't begun to make a reasoned argument in support of a litigation shield.

In this post, I'm going to limit myself to negligence suits against businesses. Basically, these lawsuits claim the plaintiff got the virus due to the failure of a business to take reasonable safety precautions.

Even without a business shield, these are not going to be easy cases to win. Plaintiffs will have to show that they were exposed to the virus due to the defendant's business operation, that better precautions would have prevented the exposure, and that they weren't exposed elsewhere.

Tort lawyers may be …

May 12, 2020 by James Goodwin
lady-justice-pixabay-wide.jpg

Yesterday, a group of 20 Center for Progressive Reform (CPR) Board Members, Member Scholars, and staff joined a letter to House and Senate leaders calling on them to reject efforts to attach to future COVID-19 pandemic-related legislation provisions that would interfere with the ability of workers, consumers, and members of their families to hold businesses accountable when their unreasonably dangerous actions have caused workers or consumers to contract the virus. Instead, as the letter urges, lawmakers should ensure that our courthouse doors remain open to all Americans to pursue any meritorious civil justice claims for injuries they suffer arising from companies' failure to guard against the spread of the coronavirus.

The letter comes as the Senate Judiciary Committee is set to hold a hearing this afternoon on the topic of “Examining Liability During the COVID-19 Pandemic.” Insulating corporations against public accountability through the courts has long been …

May 11, 2020 by John Echeverria
SupremeCourtOverview-SCOTUSFlickr-04302-wide.jpg

Anyone following the news about the coronavirus knows about the vocal opposition by libertarians and other right-wing extremists to government measures designed to control the pandemic. On television, the coverage has focused on angry, gun-toting protesters. But there's another avenue of opposition to the virus-related safeguards, one that's less photogenic but no less divorced from reality. In recent weeks, a number of land and business owners have filed lawsuits claiming stay-at-home orders and business closings represent “takings” of private property under the Fifth Amendment to the U.S. Constitution. These takings claims should be – and likely will be – rejected based on firm U.S. Supreme Court precedent.

In the absence of clear direction from the Trump administration, states have been left largely to themselves to devise emergency rules designed to “flatten the curve’” of new coronavirus cases and reduce the toll of sickness and death. Most states …

May 8, 2020 by Matthew Freeman
Tysons-meatplant-Pence-FlickrUSDA-wide.jpg

In the latest episode of CPR Board President Rob Verchick's Connect the Dots podcast, he and CPR Member Scholars Michael Duff and Thomas McGarity explore worker safety issues in the era of the coronavirus.

McGarity begins the conversation with the story of Annie Grant, a 15-year veteran of the packing line at a Tyson Food poultry processing plant in Camilla, Georgia. One morning in late March, weeks after the nation had awakened to the danger of the coronavirus and states had begun locking down, she felt feverish. When her children urged her to stay home rather than work with a fever on the chilled poultry line, she told them that the company insisted that she continue to work. Furthermore, Tyson was offering a $500 bonus to employees if they worked for three months without missing a day. So, she went in to work, where she labored shoulder-to-shoulder …

May 7, 2020 by Matthew Freeman
McConnell-CPAC-Flickr-GageSkidmore-FreeUse.jpg

With the majority of states beginning to loosen their COVID-19 restrictions, many Americans who've been sheltering in place for the past few weeks are now facing a difficult choice: Go back to workplaces that might not be safe, or risk being fired. They'll face similar choices at grocery stores, pharmacies, home centers, and everywhere else they go where they must rely on the precautions taken by owners, managers, and others for their safety.

Eager to fire up the economy with an election approaching, Senate Majority Leader Mitch McConnell (R-KY) has announced his intention to block a fourth stimulus bill if it does not include a provision extending broad immunity to businesses for any COVID-19 infections they cause workers or customers. If adopted, such immunity from litigation would leave us all at the not-so-tender mercies of the marketplace. Shielded from accountability and stung by lost business, too many …

May 7, 2020 by Daniel Farber
supreme-court-sunny-wide.jpg

Originally published on Legal Planet. Reprinted with permission.

If we get a vaccine against a national epidemic, could Congress pass a law requiring everyone to get vaccinated? That very question was asked during the Supreme Court argument in the 2012 constitutional challenge to Obamacare’s individual mandate. The lawyer challenging Obamacare said, “No, Congress couldn’t do that.”

What’s shocking is that this may have been the correct answer. Conservatives on the Supreme Court have curtailed Congress’s ability to legislate about anything other than economic transactions, and an epidemic is not an economic transaction.

The 2012 oral argument in the Supreme Court

JUSTICE BREYER: I’m just picking on something. I’d like to just — if it turned out there was some terrible epidemic sweeping the United States, and we couldn’t say that more than 40 or 50 percent . . . — you’d say the Federal …

May 6, 2020 by Matthew Freeman
hospital-beds-wide.jpg

One of the most telling aspects of the COVID-19 pandemic is has been its disparate impact on minority communities in the United States. At least three factors seem to be at work in the elevated death rate: uneven access to health care, greater prevalence of preexisting (and often inadequately treated) comorbidities, and greater likelihood of on-the-job exposure. Writing in the Boston Globe last week, CPR Member Scholar Shalanda Baker, together with co-authors Alecia McGregor, Camara Jones, and Michelle Morse, point out yet another way that the pandemic is taking a particular toll on low-income communities and communities of color.

They point to a decision by a for-profit hospital chain, Steward Health Care, to convert Carney Hospital in Dorchester, Mass., which under normal conditions serves as a safety net hospital for low-income residents, into a dedicated COVID-19 hospital.

The co-authors note that while the decision was initially deemed …

May 6, 2020 by Michael C. Duff
pig-slaughterhouse-wide.jpg

In what for me is an ominous development, the Smithfield Foods public nuisance case, about which I blogged earlier, has been summarily denied by a Missouri federal district court and the case has been dismissed. The decision took all of twelve days.

In a nutshell, the court accepted the primary jurisdiction arguments that I have previously discussed but will not repeat here. Sometimes cases are illustrative of clear legal principles. This, for me, is not one of those cases. Sometimes cases set "mood points." And I fear that is the situation here. I have great concern about the prospect for an unreflective, anti-liability fervor enveloping the Great Reopening, though this decision did not directly reach questions of liability that could impact state workers' compensation or tort law. Narrowly read, the heart of the case is …

CPR HOMEPAGE
More on CPR's Work & Scholars.
July 13, 2020

The Peril of Ethylene Oxide: Replacing One Public Health Crisis with Another

July 2, 2020

Will COVID-19 'Shock' Workplace Injury Law Like the Railroads of the Early 20th Century?

June 17, 2020

OSHA, Other Agencies Need to Step Up on COVID-19, Future Pandemics

June 16, 2020

Environmental Justice Impacts of COVID-19 on the Delmarva Peninsula

June 15, 2020

Pandemic Heroes Compensation Act of 2020: Preliminary Observations on the Proposed Bill

June 11, 2020

Court Order Okays OSHA Inaction on COVID-19

June 1, 2020

COVID-19 Shows Why We Need to Re-Empower People Through the Civil Courts