KBR asks judge to throw out Oregon soldiers suit
Photo from Oregon National Guard Website
February 08, 2010
Lawyers for the war contractor Kellogg, Brown & Root on Monday asked a federal judge to dismiss an Oregon Army National Guard soldiers’ lawsuit against it, saying the court in Oregon lacks jurisdiction.
The challenge before U.S. District Judge Paul Papak in Portland is being watched closely in Indiana and West Virginia where National Guard soldiers have also sued KBR, Inc. The Houston-based holding company and its four subsidiaries won contracts to restore oil production after the U.S. invasion of Iraq in 2003. National Guard troops were ordered to guard KBR employees as they raced to get the oil flowing.
Soldiers from three states say at one of the assignments, the Qarmat Ali water plant, the contractor ignored and downplayed the health risks. A corrosion fighter scattered across the facility contained the cancer-causing chemical, hexavalent chromium. Twenty-one Oregon soldiers have sued KBR alleging breathing and other health problems as a result. An estimated 600 National Guard Troops from four states may have been exposed to hexavalent chromium at Qarmat Ali, according to Veterans Affairs Sec. Eric Shinseki, including 292 members of the Oregon Guard.
Stephen Deatherage, an attorney for KBR, argued that generally calling for help was not an action directed at the state of Oregon and the alleged victims were not in Oregon when those calls occurred.
The soldiers’ attorney maintains that after the first call, KBR employees knew they were dealing with Oregon soldiers who would be going back to Oregon after their tours. David Sugerman also argued that KBR was disputing jurisdiction in the other states, the case was a matter of fairness.
“These guys need their day in court,” he said.
Judge Papak took the matter under advisement. (Click HERE for original article)
Tuesday, February 9th 2010 at 5:13 pm |
“Stephen Deatherage, an attorney for KBR” – only KBR would have an attorney with the word Death, in his name.