Home » Archive for category 'LAWSUITS' (Page 2)

LAWSUITS Archive

We’re Back and other news

Posted May 20, 2013 By Forseti

Not-Quite-Lost Shipping Containers May Cost Feds
Lorraine Bailey – (Courthouse News) – May 17, 2013 – A fourth company will join the fight to prove that the government lied about losing 1,000 leased shipping containers so it could keep using them without paying, a federal judge ruled.

Three container companies, CAI International, Cronos Containers and Textainer Equipment Management, had leased shipping containers to TOPtainer, which in turn leased the containers to the U.S. Army for equipment shipments to Afghanistan and Iraq.

On Wednesday, Judge Nancy Firestone with the Court of Federal Claims joined

Capital Lease to the case because it had been Textainer’s supplier.

They claim that the government told TOPtainer that it lost 1,000 when its lease was up, and paid TOPtainer for the loss, but TOPtainer never remitted that money to its suppliers and is now defunct.

The container companies say that the government took the title to their property without paying just compensation.

Capital also “presented undisputed evidence to the court to show that 125 containers that had been owned by Capital and were now the subject of plaintiff Textainer’s claim were never ‘lost,’ but were instead sent to Okinawa, Japan and thus appeared to have been ‘taken’ outside the terms of the master lease,” Judge Firestone wrote. (Click HERE for article) (Click HERE for Judge’s Order)

Soldier Given Second Shot at Suing Gun Maker
Rose Bouboushian – (Courthouse News) – April 3, 2013 – A soldier who was injured when his M2 machine gun exploded and a shell casing pierced his leg will get a chance to hone his federal lawsuit against the gun’s manufacturer.

Read the remainder of this entry »

Pages: 1 2 3 4

Defense Contractor Can Seek Millions From Iraq

Posted May 20, 2013 By Forseti

Rose Bouboushian – (Courthouse News) –  April 24, 2013 – Iraq may owe $24 million to a contractor that says it refurbished military vehicles and weapons, and collected scrap metal for the war-torn country, a federal judge ruled.

Wye Oak Technologies filed a federal complaint in 2009, claiming it had been hired five years earlier to work with top U.S. military officials, including then Lt. Gen. David Petraeus, to organize the effort to repair damaged military equipment.

Despite numerous meetings with Iraqi officials who promised payments, however, the three invoices Wye Oak submitted that year were ignored. Wye Oak said Iraq owes it roughly $24 million.

On a December 2004 trip to Baghdad to collect payment on the invoices, Wye Oak’s then president, Dale Stoffel, and another employee were assassinated. Wye Oak’s employees and contractors worked in the country until nonpayment forced them to stop in 2007.

Though both parties agree that the murders remain unsolved, Iraq maintains that the FBI has not linked Stoffel’s death to a known terrorist group or to the contract dispute. After taking over as president for his brother, David Stoffel allegedly received death threats.

On May 20, 2004, Stoffel was granted limited immunity from prosecution by the Special Inspector General for Iraq Reconstruction (SIGIR) in a whistleblower complaint. He gave investigators information regarding U.S. corruption in the Iraqi reconstruction effort that implicated Colonel Ronald W. Hirtle and Colonel Anthony B. Bell and SIGIR opened an investigation of these two officers, among others. In early May 2004, Col. Hirtle had signed a 10 million dollar contract with Lee Dynamics International, a company that raised investigators’ suspicions. Col. Bell was later implicated in the bribery case of Maj. John Cockerham. In his statement, Stoffel described thousands of dollars in payments being delivered to American contracting offices in pizza boxes, pizza delivery-style, and dead drop payoffs in paper sacks dropped off throughout the Green Zone. ~Wikipedia bio of Dale Stoffel

Though Wye Oak attempted mail service on Iraq in October 2009, no signed receipt was ever returned. Wye Oak then commenced service via diplomatic channels in December 2009.

Read the remainder of this entry »

Cameron Langford – (Courthouse News) – Houston – April 29, 2013 – A military contractor in Iraq shipped a worker’s body home in pieces, without the heart, then after “painful negotiations” but “no apology,” tried to charge his family for shipping home the heart, the family claims in court.

In addition to the insult and agony, the family of the late Chuck L. Doherty claims, the company made it impossible to collect on life insurance because of the mutilation of the body and the missing heart.

Doherty’s family sued his employers, FrontierMEDEX, and Pacific Architects and Engineers dba PAE Group, in Harris County Court.

FrontierMEDEX is a logistics company that provides “proactive medical, safety and security solutions” for clients around the world, according to its website.

Read the remainder of this entry »

Lawyer: Military’s housing choice irrelevant

Posted May 18, 2013 By Ms Sparky

Brian Bowling – (TribLive News) – May 14, 2013 – A federal jury can determine whether a Defense  contractor is responsible for the electrocution death of a Shaler soldier  without second-guessing the military’s choice of where to house troops in Iraq,  a lawyer for the soldier’s parents argued Tuesday.

The jury doesn’t have to decide whether the Army made  the right choice in housing Sgt. Ryan Maseth, 24, in a building with a  substandard electrical system to determine whether KBR Inc. of Houston had the  discretion to fix the water pump that electrocuted Maseth while he was taking a  shower, said William Stickman.

If the jury decides the Army tied KBR’s hands, “we  simply lose,” he told a three-judge panel of the 3rd U.S. Circuit Court of  Appeals, which was hearing oral arguments in the Downtown federal courthouse.

Cheryl Harris of Cranberry and Douglas Maseth of  Allison Park want the appeals court to reinstate their lawsuit against KBR Inc.  for the Jan. 2, 2008, death of their son at the Radwaniyah Palace Complex in  Iraq.

Read the remainder of this entry »

Jim McElhatton – (Federal Times) – May 5, 2013 – Army contracting officer Robert Egan gave contractor KBR Inc. a rare ultimatum: Provide a firm, fixed price on remaining work to close out the largest government services contract in U.S. history. Or else, he added, he was finished talking.

“Until I see that FFP deliverable, I cannot enter further communication exchanges with your contracts team,” Egan told the company in a Feb. 26 email.

At issue is the final stage of the Army’s $38 billion Logistics Civil Augmentation Program (LOGCAP) III, the 12-year-old logistics contract that has supported virtually all U.S. military logistics operations in Iraq. The Army seeks to revise the pricing terms on the final work to be done on the contract to be firm, fixed price instead of cost-reimbursable. In response, KBR has filed a lawsuit seeking to keep to the existing cost-reimbursable terms.

At stake in the dispute is far more than varying interpretations of contracting procedures. By its own estimates, KBR says the closeout work on the contract will cost more than $500 Read the remainder of this entry »