Business

November 30, 2012

War contractor: Feds should pay lawsuit damages

An Iraq war contractor that lost an $85 million verdict to a group of sickened U.S. soldiers has filed a lawsuit seeking to force the federal government to pay the soldiers’ damages.

In early November, 12 Oregon National Guard soldiers won the verdict against Kellogg Brown and Root, an engineering and construction firm that helped lead the reconstruction work in post-war Iraq. The soldiers were exposed to a toxin while guarding an Iraqi water plant.

In the new lawsuit, KBR also demands that the government pay more than $15 million in its attorneys’ fees.

At the heart of the suit is a so-called indemnification clause that KBR alleges it agreed to with the U.S. Army Corps of Engineers in March 2003. The clause was designed to protect KBR against “unusually hazardous risks” in its work in Iraq.

In a Nov. 16 filing in the U.S. Court of Federal Claims, KBR argues the clause makes the government responsible for the results of its actions in Iraq, including the Oregon verdict.

“Based upon an erroneous legal and factual analysis of the terms of the indemnification agreement, (the Army Corps) has refused to indemnify (KBR) for the costs of defending against the various third-party lawsuits,” KBR attorneys wrote, “and has refused to participate or assume direct responsibility in defending (KBR) in the underlying tort litigations.”

KBR said in the suit that it had no insurance to cover its wartime work, and the government’s refusal to involve itself in lawsuits constitutes a breach of the indemnification agreement.

A U.S. Army Corps of Engineers spokesman declined to comment Nov. 27, citing the ongoing litigation. Emails and messages to KBR were not immediately returned, and KBR’s attorneys declined to comment.

At least another 130 lawsuits are pending from soldiers in England, Texas, Indiana and West Virginia, as well as other Oregon soldiers who were present at the Iraqi water plant, called Qarmat Ali.

A jury found the company guilty of negligence for illnesses the soldiers who guarded Qarmat Ali, an oilfield water plant.

The three-week trial ended after just two days of deliberation by the jury. The suit was the first concerning soldiers’ exposure to a toxin the plant.

The soldiers said they suffer from respiratory ailments after their exposure to sodium dichromate, and they fear that a carcinogen the toxin contains, hexavalent chromium, could cause cancer later in life.

 




All of this week's top headlines to your email every Friday.


 
 

 

Boeing, Royal Australian Air Force test extended range weapon

The Boeing Joint Direct Attack Munition Extended Range demonstrated significant range increase while maintaining its expected accuracy during flight testing conducted by Boeing and the Royal Australian Air Force. The testing centered on a new wing kit that, when used in conjunction with the weaponís guidance kit, increases the bomb’s range from approximately 15 miles...
 
 

DRS Technologies to provide comm systems for Royal New Zealand Navy frigates

DRS Technologies Inc., a Finmeccanica Company, announced Feb. 25 that its Canadian subsidiary will be providing tactical integrated communications systems to the New Zealand Ministry of Defense for the Royal New Zealand Navy’s ANZAC-class frigates. This subcontract was awarded to DRS Technologies Canada Ltd. in support of a communications modernization contract from Lockheed Martin Canada...
 
 

Northrop Grumman LITENING achieves two million operating hour milestone

In the life cycle of every military system, some milestones stand out as signature achievements. One million operating hours is one of them – and Northrop Grumman’s fielded AN/AAQ-28(V) LITENING pods have hit that number for the second time. “This is a significant milestone for the LITENING program and our team is proud to be...
 

 

Boeing to intensify technical career development for engineering workforce

Boeing Feb. 25 is implementing a plan to renew its focus on the companyís engineers worldwide by dedicating the first two of new Engineering Career Development Centers that would serve as training grounds for its technical workforce. Over the next year, leading up to Boeingís 100-year anniversary in 2016, the company will open a dozen...
 
 
Raytheon-AMRAAM

Raytheon unveils extended range AMRAAM

Raytheon has begun development on an extended range variant of the combat-proven Advanced Medium Range Air to Air Missile. Designed specifically for ground-based air defense, AMRAAM-ER will enable intercepts at longer range and...
 
 

Upgrades boost ballistic missile defense radar’s performance during missile raid

The U.S. and its friends and allies will soon have improved defenses against ballistic missile raids – large quantities of simultaneously impacting ballistic missiles. Raytheon has upgraded the computer processor of the AN/TPY-2 ballistic missile defense radar, enabling the system to both perform better during raids and to more quickly and accurately discriminate between a...
 




0 Comments


Be the first to comment!


Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>