211010P.pdf   12/30/2021  Hus Buljic  v.  Tyson Foods Inc
   U.S. Court of Appeals Case No:  21-1010
                          and No:  21-1012
   U.S. District Court for the Northern District of Iowa - Eastern   
   [PUBLISHED] [Kelly, Author, with Erickson and Grasz, Circuit Judges] 
   Civil case - COVID-19. Plaintiffs' decedents worked at Tyson's Waterloo, 
   Iowa plant and died of complications from COVID; in this state court 
   action, they alleged Tyson failed to take adequate steps to protect 
   workers from spread of the disease at the plant; Tyson removed the case to 
   federal court, claiming its actions were taken at the direction of federal 
   officer and that it had a colorable federal defense under the federal 
   officer removal statute, 28 U.S.C. Sec. 1442(a)(1); Tyson also contended 
   the plaintiffs' suit raised substantial and disputed issues of law under 
   the Defense Production Act; plaintiffs moved to remand to state court, and 
   the district court granted the motion, concluding neither ground for 
   removal was established. Held, the district court did not err in remanding 
   the case, as Tyson failed to show it was performing a basic governmental 
   task or operating pursuant to federal directive in March and April of 
   2020; it was not acting under a federal officer and could not use the 
   federal removal statute to remove the case; further, Tyson has abandoned 
   the federal question argument concerning removal by failing to brief it, 
   either in its initial brief or by supplemental brief, after the Supreme 
   Court decided BP P.L.C. v. Mayor and City Council of Baltimore, 141 S.Ct. 
   1532 (2021) permitting alternative arguments against remand to be raised.