A wrongful death lawsuit against Tyson Foods is moving back to state court after a federal judge rejected Tyson’s claims of federal jurisdiction.

Tyson is being sued on behalf of a worker who died of COVID-19 at its pork processing plant in Waterloo, Iowa. Tyson had argued for the case to be moved from state to federal court due to an executive order, signed by President Trump on April 28, directing meat processing plants to stay open as a matter of national security.

But Linda Reade, the judge in the case, ruled that Trump’s order does not constitute a shield from liability claims and ordered the case remanded to state district court.

She noted that the worker in the case, Isidro Fernandez, had died two days before Trump signed the executive order. But even if he hadn’t, the order does not give Tyson a liability shield.

Tyson had argued that the case belonged in federal court because it was acting “at the direction of a federal officer.” Reade wrote that “no federal officer directed Tyson to keep its Waterloo facility open in a negligent manner...or make fraudulent misrepresentations to employees at the Waterloo facility."

She was referring to charges that supervisors at the Waterloo plant intentionally played down the severity of infection. As examples of negligence, she mentioned failing to provide employees with personal protective equipment, or to implement adequate social distancing or safety measures.

The case now will return to district court in Black Hawk County, Iowa.