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.


 
 

 

Headlines April 18, 2014

Business: Lockheed to Lose 17 F-35s Under Automatic Pentagon Cuts - Pentagon will cut 17 of the 343 F-35 fighters it planned to buy from Lockheed Martin in fiscal 2016 through 2019 unless Congress repeals automatic budget cuts, according to a new Defense Department report. DOD looking for ways not to break MH-60R helo deal - The...
 
 

News Briefs April 18, 2013

U.S. military deaths in Afghanistan at 2,177 As of April 15, 2014, at least 2,177 members of the U.S. military had died in Afghanistan as a result of the U.S.-led invasion of Afghanistan in late 2001, according to an Associated Press count. At least 1,802 military service members have died in Afghanistan as a result...
 
 
LM-F35-hours

F-35 fleet surpasses 15,000 flying hours

The Lockheed Martin F-35 Lightning II fleet recently surpassed 15,000 flight hours, marking a major milestone for the program.  “Flying 15,000 hours itself demonstrates that the program is maturing, but what I think is e...
 

 
nasa-cassini

NASA Cassini images may reveal birth of new Saturn moon

NASA’s Cassini spacecraft has documented the formation of a small icy object within the rings of Saturn that may be a new moon, and may also provide clues to the formation of the planet’s known moons. Images taken w...
 
 

NASA completes LADEE mission with planned impact on Moon’s surface

Ground controllers at NASA’s Ames Research Center in Moffett Field, Calif., have confirmed that NASA’s Lunar Atmosphere and Dust Environment Explorer spacecraft impacted the surface of the moon, as planned, between 9:30 and 10:22 p.m., PDT, April 17. LADEE lacked fuel to maintain a long-term lunar orbit or continue science operations and was intentionally sent...
 
 
Photograph courtesy of NASA Ames/SETI Institute/JPL-Caltech

NASA’s Kepler telescope discovers first Earth-size planet in ‘habitable zone’

Photograph courtesy of NASA Ames/SETI Institute/JPL-Caltech Kepler-186f resides in the Kepler-186 system about 500 light-years from Earth in the constellation Cygnus. The system is also home to four inner planets, seen lined up...
 




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>