KBR files motion to dismiss lawsuit filed by Oregon National Guard soldiers
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According to the 41-page memorandum, KBR attorneys wrote the firm won the Army Corps of Engineers’ contract to “Restore Iraqi Oil” 17 days before the United States invaded Iraq on March 20, 2003. Restoring oil flow from the dilapidated and heavily looted Iraqi facilities was one of the United States’ most pressing goals, attorneys said. The circa-1970s water plant at Qarmat Ali was particularly important, as it provided the needed water pressure to all the oil wells across southern Iraq.
KBR attorneys Jeffrey Eden and Stephen Deatherage wrote that under its contract, KBR was not required to conduct an environmental assessment at Qarmat Ali. U.S. soldiers who did conduct an initial assessment shortly after the invasion noted the orange stains on the soil, but did not ask for further investigation. Instead, they recommended a new plant be built altogether.
The Corps of Engineers decided not to rebuild the plant, but rather repair it and decided not to conduct a full environmental assessment due to the wartime conditions.
KBR attorneys also said that the U.S. and British military, not KBR, were responsible for notifying soldiers of the potential exposure and determining whether and to what extent they were exposed.
The attorneys further claim that the same Federal Tort Claims Act which prevents individuals from suing the government in all but very limited circumstances, should apply to the contractor.
“KBR performing a common mission with the military under military command in a military theater.’
KBR has been barraged with lawsuits ranging from soldiers’ who claimed they were injured by burn pits the to families of drivers killed in Iraq.
The soldiers attorney, David Sugerman, vowed to go forward.
“We want Oregon soldiers to have their day in court.”
A hearing has been scheduled for 10 a.m. June 7 in federal court in Portland. (click HERE for the original article)
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Other Related Posts From Ms Sparky
- Judge moves to streamline (Oregon National Guard) soldiers’ case against KBR
- KBR asks federal judge to dismiss case brought by Oregon soldiers
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- KBR wants to appeal Judge Papak’s decision on the Oregon National Guard case
- Judge says Oregon National Guard can sue KBR in Oregon for exposing them to deadly toxins
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Tuesday, April 27th 2010 at 11:50 am |
This is just the game that the lawyers play and they will drag it out for years. I am sorry for all those who are affected by the bullsh** that executive large corporation attorneys play.
Be patient, keep your chin up and justice will prevail.
Justice4all