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Burn-pit claimants will appeal judge’s dismissal

Posted June 6, 2013 By Ms Sparky

Patricia Kime – (Air Force Times) – June 4, 2013 – Attorneys representing former troops and family members who say they were sickened by exposure to open-air burn pits in Iraq and Afghanistan are appealing a judge’s dismissal of their cases.

Alexandria, Va., lawyer Susan Burke and attorneys from the South Carolina firm Motley & Rice filed an appeal Wednesday arguing that Maryland U.S. District Court Judge Roger Titus’s decision in February to toss out 57 consolidated lawsuits filed against KBR, Inc., was “non-justifiable.”

Titus ruled Feb. 28 that as a government contractor working in a war zone, KBR was entitled to the same legal protection and immunity as U.S. armed forces operating in combat. He also argued that the court did not have jurisdiction to rule on decisions made by another branch of government.

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DoJ warns of fallout in Army-KBR contract dispute

Posted June 6, 2013 By Ms Sparky

Jim McElhatton – (Federal Times) – June 4, 2013 – The outcome of a court battle between the Army and KBR over the final stages of LOGCAP III, the largest government services contract in U.S. history, could affect tens of thousands of federal contracts while creating “enormous uncertainty” for vendors and the government alike, according to the Justice Department.

The warning, delivered in the footnote of a recent U.S. Court of Federal Claims pleading, marks the latest development in a dispute to decide how to close out the 12-year-old, $38 billion military logistics contract supporting military operations in Iraq.

While the Army has pushed to change the LOGCAP III pricing structure to a firm, fixed-price basis, KBR has sued to keep the closeout work under the existing cost-reimbursable arrangement. Read the remainder of this entry »

Army Secretary Thomas E. White signed an agreement giving legal indemnity to KBR in 2003. (AFP PHOTO by Luke Frazza)

Ryan J. Reilly – (Huffington Post) – Washington – January 24, 2013 – The Army official who signed a secret agreement that military contractor KBR claims should burden taxpayers with the bill for the company’s negligent poisoning of U.S. soldiers in Iraq resigned from the military in 2003 after a tenure marked by questions about his ties to Enron Corp.

Thomas E. White, named secretary of the Army in 2001, signed an indemnity agreement protecting KBR, the military’s largest contractor, from legal liability on March 19, 2003. KBR had asked for the agreement as part of its contract to rebuild Iraq oilfields destroyed in the U.S. invasion. White resigned a month later, on April 23, under fire for his previous role as a senior Enron executive and after clashing with former Defense Secretary Donald Rumsfeld over his advocacy for a multi-billion dollar artillery system.

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Doyle said the agreement may mean a taxpayer “bailout” for KBR. “It’s basically saying that no matter if we’re guilty of — willful misconduct, poisoning soldiers — taxpayers have to pay to cover us as well as whatever we decide to pay on lawyers at whatever rates and all these fees,” Doyle said. “That’s a pretty good bailout.” ~Huffington Post

Greta McClain – January 9, 2013 -Portland – After being found guilty of negligence in the  poisoning of at least a dozen US soldiers deployed in Iraq, KBR is insisting  that US tax payers foot the bill for damages.

In November of 2012, an Oregon  Federal Court awarded $85  million to twelve Oregon National Guard members who stated they were exposed to  a known carcinogen at the Qarmat Ali water treatment plant in Iraq in 2003.  The  National Guard soldiers were stationed at the facility to guard against attack  from insurgents.

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KBR November Litigation Round-Up

Posted November 26, 2012 By Ms Sparky

NEIL GORDON – (POGO) – November 26, 2012 – November has been a very bad month for defense contractor KBR.

KBR is the federal government’s primary logistics support contractor in Iraq, receiving tens of billions of dollars in business from the Department of Defense over the last decade, much of that under the U.S. Army’s monopolistic Logistics Civil Augmentation Program (LOGCAP) III contract.

In early November, an Oregon federal jury returned an $85.2 million verdict against KBR for exposing military personnel to toxic chemicals at an Iraqi water treatment facility in 2003. The jury found that KBR had “acted with reckless and outrageous indifference to a highly unreasonable risk of harm and conscious indifference to the health, safety, and welfare” of the plaintiffs. A case raising similar claims is pending in KBR’s hometown of Houston, Texas, and will soon go to trial.

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