28 U.S.C. Marcus Raymond Spagnoletti, State Bar Information, Eric Jonathan Rhine, Spagnoletti Law Firm, Houston, TX, for Plaintiffs. They sustained significant injuries. IN THE UNITED STATES DISTRICT COURT FOR THE The reasons for these rulings are set out below. at 43940. The record also shows that KBR's ability to control any civilian personnel, including the plaintiffs, was subject to the U.S. military's control over the Al Asad base, a forward operating base in Iraq. Today, KBR actively contributes to ongoing projects across North America, Europe, Russia and the Middle East. As such, we concluded that the Carter Action must be dismissed under the first-to-file rule, because the Maryland and Texas Actions were pending at the time the related Carter Action was brought. 1-5 at 49). The Supreme Court held that, in accordance with the ordinary meaning of the term pending, a qui tam suit under the FCA ceases to be pending once it is dismissed. Carter III, 135 S. Ct. at 197879. Other courts have found this too broad. Carter argued that the dismissals of the related Maryland and Texas Actions cured any first-to-file defect in the Carter Action. 2680(j). 2002). KBR This reasoning by the Supreme Court confirms that the only appropriate response for a first-to-file rule violation is dismissal. We cannot support Carter's reading. 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In June 2011, Carter filed a qui tam complaint against KBR in the Eastern District of Virginia. The insurgents attacked the plaintiffs willfully; the insurgents were third persons; the attacks were directed against the plaintiffs because of their employment as government contractors "driving trucks in support of the American coalition's rebuilding and security efforts in Iraq"; and the attack was the "direct cause" of the plaintiffs injuries. You will be notified when it is ready. WebInc. Rule 59(e) motions can be successful in only three situations: (1) to accommodate an intervening change in controlling law; (2) to account for new evidence not available at trial; or (3) to correct a clear error of law or prevent manifest injustice. Zinkand v. Brown, 478 F.3d 634, 637 (4th Cir. 2011) (citation omitted); Saleh , 580 F.3d at 6. Courts look to contract terms, Aiello , 751 F. Supp. 2d at 710. Gadbois v. PharMerica Corp., 809 F.3d 1 (1st Cir. 1937, 173 L.Ed.2d 868 (2009) (quoting Twombly , 550 U.S. at 555, 127 S.Ct. With respect to the third basis for reconsideration, Carter argues that the district court's decision to dismiss the Carter Action and to deny his proposed amendment was clearly erroneous and manifestly unjust. , 744 F.3d at 351 ; and supplied weapons to vessels fighting in a combat area, Koohi , 976 F.2d at 133637. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Carter asserts that these holdings would compel a court, sitting after the FCA's limitations period has run, to dismiss a relator's timely FCA action brought during the pendency of a then-pending, but since-dismissed, related action, and thereby expose the relator (if he or she sought to file a new complaint) to statute of limitations problems that the relator otherwise would not face. One exception is for "[a]ny claim arising out of combatant activities of the military or naval forces, or the Coast Guard, during time of war." R. CIV. For 100 years, KBR has been part of some of the worlds most influential achievements. 12-1497), 2013 WL 4541112. As discussed below, KBR asserts colorable federal defenses under the Defense Base Act and the combatant-activities exception to the Federal Tort Claims Act. Carter asserts that our prior holding that a first-to-file analysis turns on the set of facts existing at the time an FCA action was commenced has been undermined by the Supreme Court's intervening decision in this case. Circuit suggested that the combatant-activities exception eliminates "tort from the battlefield." The Supreme Court acknowledged, however, that Carter had raised additional arguments that, if successful, could render at least one claim of his timely on remand. 1980). Co., 853 F.3d 80, 8586 (2d Cir. 12). The email address cannot be subscribed. The plaintiffs claims are associated with acts taken under color of federal office. 1964). 10-CV-5645, 2017 WL 1233991, at *10 (S.D.N.Y. Thus, we reversed the district court's holding that the claims in the Carter Action were time-barred. 1441(a) ). See United States ex rel. (Id. at 50712, 108 S.Ct. Harris , 724 F.3d at 482 ("The considerable discretion [the contractor] had in deciding how to complete the maintenance at issue here thus prevents the plaintiffs suit from being preempted because the military did not retain command authority over [the contractor's] actions. Id. , 744 F.3d at 351 ("The district court therefore erred in resolving this issue before discovery took place."). Tex. Courts have held that contractors were engaging in combatant activities when they managed latrines "for active military combatants on a forward operating base," Aiello , 751 F. Supp. 1966) ("[T]he coverage provisions of the Defense Base Act clearly evidence the intent that the act shall afford the sole remedy for injuries or death suffered by employees in the course of employments which fall within its scope."). Id. Other courts have rejected this test as excessively narrow because it limits the combatant-activities exception to "claims stemming directly from the use of force," excluding indirect wartime harms. at 883. For these reasons, we do not agree with Carter that the above-described statement in any way undermined this Court's initial first-to-file analysis. KBR owns Service Employees International. If an employee's injury is covered by the Act, the employee generally cannot pursue a tort claim against his employer for the same injury. In a 29-page ruling, the federal district court in Oregon considered the motion by KBR and co-defendants Overseas Administration Services, Ltd. and Service Employees International, Inc. to dismiss the suit for lack of subject-matter jurisdiction and rejected it. 1. 1991). Third, courts determine whether the "private service contractor [was] integrated into combatant activities over which the military retains command authority." The Third, Fourth, and D.C. Saleh v. Titan Corp. , 580 F.3d 1, 7 (D.C. Cir. Connect. KBR had the authority to supervise and evacuate the Service Employees International, Inc. employees. at 5.38, 5.39). The Fifth Circuit held that the plaintiffs claims were barred under the Defense Base Act. Manguno v. Prudential Prop. at 4). The complaint alleges that in January 2020, Iran launched ballistic missiles at the United States Army forward operating base in Al Asad, Iraq. "); Aiello , 751 F. Supp. I received a letter listing my income Ask an Expert Tax Questions I work in Iraq for KBR and UNITED STATES OF AMERICA v. HALLIBURTON CO.; The Supreme Court, therefore, agreed with this Court's conclusion that dismissal with prejudice of any timely aspect of the Carter Action was improper. This arrangement, Carter contends, conflicts with the Supreme Court's apparent policy preference for interpretations of the FCA that facilitate government recoveries. FED. Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. Programs , 461 U.S. 624, 636, 103 S.Ct. We disagree. Congress could certainly have enacted a revival mechanism in the first-to-file rule statute notwithstanding repose and staleness concerns, but it has not done so, and we are not at liberty to create one. (Docket Entry No. 1, 3). "The removing party bears the burden of showing that federal jurisdiction exists and that removal was proper." Chovanec v. Apria Healthcare Group, Inc., 606 F.3d 361, 362 (7th Cir. This site requires JavaScript to be enabled in your browser. The False Claims Act (FCA) empowers private individuals acting on behalf of the government to bring civil actions against those that defraud the government. Revenue of $1.7 billion, up 18% on an ex-OAW 1 year-over-year-basis. Our job is to follow the text even if doing so will supposedly undercut a basic objective of the statute. Baker Botts LLP. See Burn Pit Litig. at 442444. Our History at *812 & n.11. UNITED STATES BENJAMIN CARTER v. HALLIBURTON CO KELLOGG BROWN ROOT SERVICES INC SERVICE EMPLOYEES INTERNATIONAL INC KBR INC. Fisher , 667 F.3d at 613. 2d 669, 683 (D. Md. 8:07-cv-1487 (D. Md. Appellees Halliburton Company; Kellogg Brown & Root Services, Inc.; KBR, Inc.; and Service Employees International, Inc. (collectively, KBR), are a group of defense contractors and related entities that provided logistical services to the United States military during the armed conflict in Iraq. 3730(b)(4). This Court rejected the district court's statute of limitations conclusion, reasoning that the WSLA applied to civil actions and suspended the time for filing the Carter Action. 2004); United States ex rel. See In re KBR, Inc., Burn Pit Litig. "Nor does a complaint suffice if it tenders naked assertion[s] devoid of further factual enhancement. " Iqbal , 556 U.S. at 678, 129 S.Ct. KBR We disagree. Full title:KEVIN CLOYD, et al., Plaintiffs, v. KBR, INC., Defendant. Id. WebThe Service Employees International Union (SEIU) is a socialist, politically powerful labor union with 2 million members in the United States, Canada, and Puerto Rico, and the largest 97-CV-1408, 1999 WL 33290613, at *1 (W.D. Satellite, Ground Systems & Space Communications, Scientific Research & Laboratory Services, Earth, Environment & Space Science Monitoring, Noise, Vibration & Fluid Dynamics Engineering, Floating Production, Storage & Offloading (FPSO) Facilities, Commercial Cloud & Mission Service Platform, Artificial Intelligence & Machine Learning. The court reiterated its view that the date that an action is brought is dispositive in a first-to-file analysis, and concluded that the fact that the Maryland and Texas Actions were both still pending on the date the complaint in the Carter Action was filed rendered the Carter Action precluded by the first-to-file rule.
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