A federal judge in East Tennessee granted a request last week by the cleanup contractor at the Department of Energy’s Oak Ridge Site to delay more proceedings in a COVID-19 lawsuit until a higher court decides if the contractor is shielded from the suit.
U.S. District Judge Charles Atchley ruled Jan. 18 that Amentum-led United Cleanup Oak Ridge (UCOR) should not go through a trial until the U.S. Court of Appeals for the Sixth Circuit decides if the DOE contractor enjoys sovereign immunity, protecting it from the lawsuit.
In November, the judge refused to throw out the case by former radiation technician Yolonda Riggs. According to court papers, Riggs was fired after choosing not to be vaccinated, or provide proof of inoculation against COVID-19.
UCOR has argued it is immune from the Riggs’ lawsuit, which cites a Tennessee state law protecting many workers that refuse COVID vaccination, because of federal government sovereign immunity.
In his recent ruling, Atchley agreed there are lingering questions about the extent of sovereign immunity that a Sixth Circuit ruling could clarify. The judge also held Riggs would not be irreparably hurt by a delay.
“The court understands and appreciates that plaintiff would like to see her suit resolved promptly, but corrective relief could remedy the costs of any appeal-induced delay if plaintiff ultimately prevails in this matter,” the judge wrote.
“After balancing the factors to be considered, the Court finds that this matter should be stayed pending resolution of defendant’s interlocutory appeal,” Atchley held.
