DES MOINES, Iowa (AP) — A federal judge has rejected Tyson Foods’ efforts to have a lawsuit over the death of an employee in Iowa moved to federal court. The family of Isidro Fernandez sued Tyson over his death April 26 from complications from COVID-19 after working at the company’s plant in Waterloo. The lawsuit was filed in state court but Tyson had sought to have it moved to federal court.

The company argued it was not liable because it was following federal guidance to stay open during the pandemic. A federal judge rejected that argument this week, sending the case back to state court.