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Inclusive Cmtys. Connect. WebDue to an expansion in the scope of the contract, KBR provided support for up to 187,900 troops across 80 sites, the company said. Three employees of a contractor working on an American military base in Iraq have sued the contractor's parent company, alleging that it is responsible for the injuries they received when Iranian ballistic missiles struck the base in January 2020. The main Research & Policy Director Service Employees International Union Local (Former Employee) - San Jose, CA - March 12, 2020. Because the record supports federal jurisdiction, remand is denied. The plaintiffs sued KBR in Texas state court for negligence and gross negligence, alleging that KBR was "aware of the heightened risk of a strike in the face of escalating regional violence," but "left [the] Plaintiffs and the other employees of Service Employees International at the base, in direct risk of substantial harm." Carter urges that the Supreme Court's decision to describe one of Carter's claims as live was a manner of signaling that that claim is unaffected by the first-to-file rule. KBR's corporate officers guide all operations, ensuring all activity is executed responsibly. 2010) (quoting Rainwater v. United States, 356 U.S. 590, 592 (1958)). 1442(a)(1), to remove an action, even if the plaintiff's complaint raises no federal question, so long as the officer asserts a "colorable federal defense," Latiolais , 951 F.3d at 291. A relator who brings a meritorious qui tam action receives attorney's fees, court costs, and a percentage of recovered proceeds. WebHighly supportive work environment. Send us a message if you have any questions. (Id. 1-1 at 5.39). See Heavin v. Mobil Oil Expl. 2045, 76 L.Ed.2d 194 (1983) ); see Davila-Perez v. Lockheed Martin Corp. , 202 F.3d 464, 468 (1st Cir. "Conversely, when the allegations in a complaint, however true, could not raise a claim of entitlement to relief, this basic deficiency should be exposed at the point of minimum expenditure of time and money by the parties and the court." Your download is being prepared. KBR also meets the second prong, which is liberally construed. 2012). Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. 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."). Revenue of $1.7 billion, up 18% on an ex-OAW 1 year-over-year-basis. 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. at 5.2). Rigsby, 137 S. Ct. 436, 440 (2016); 31 U.S.C. The allegations are that there was missile attack that was willful, carried out by third parties, the direct cause of the plaintiffs injuries, and related to the U.S. military's operations in Iraq. We disagree. 2017); United States ex rel. In the course of reaching this holding, however, the Court contrasted the seal requirement with the first-to-file rule, which the Court described as one of a number of [FCA] provisions that do require, in express terms, the dismissal of a relator's action. Id. Gadbois v. PharMerica Corp., 809 F.3d 1 (1st Cir. We likewise review a denial of a motion for reconsideration under the deferential abuse of discretion standard. Circuit follow two different paths. 2510. Carter argues that even if the dismissals of the Maryland and Texas Actions did not automatically cure the Carter Action's first-to-file defect, his subsequent, Rule 15(a)-based proposed amendment to his Carter Action complaint would have done so. Second, Gadbois is factually distinguishable. (Docket Entry No. Mar. The Supreme Court began by reversing this Court's conclusion that the WSLA's tolling provisions apply to civil actions like the Carter Action. P. 8(a)(2). To that end, the majority opinion does not address, much less adopt, the district court's reasoning that an amendment or supplement to a complaint cannot, as a matter of law, cure a first-to-file defect, id. {Kbr In Iraq}: You highly value a work environment built on Corporate Governance KBR's Bell Atl. Fisher , 667 F.3d at 610. Fisher , 703 F. Supp. 1-1 at 5.39). Change the World! But we all share one goal: to improve the world responsibly and safely. He, too, did not question this Court's decision to conduct its first-to-file analysis based on the facts in existence at the time that the Carter Action was brought.4. at 183. 56, 59 (E.D. 1, 3). (Docket Entry No. KBR's maintenance work in Iraq has been criticized after reports of soldiers electrocuted from faulty wiring. Specifically, KBR has been charged by the Army for improper installation of electrical units in bathrooms throughout U.S. bases. See Smith v. Clark/Smoot/Russell, 796 F.3d 424, 430 (4th Cir. See id. Saleh , 580 F.3d at 9 ("[A] supply contractor that had a contract to provide a product without relevant specifications would not be entitled to the preemption defense if its sole discretion, rather than the government's, were challenged."). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 2014) ; Harris v. Kellogg Brown & Root Servs., Inc. , 724 F.3d 458, 479 (3d Cir. 2013). Adjusted free cash flows1. The Ninth Circuit and D.C. 2004); United States ex rel. In 2013, while the Supreme Court was still considering Carter's petition for certiorari, Carter refiled his complaint in the Eastern District of Virginia. III purposes." Because we need not do so, we decline to comment on the other reasons the district court identified as justifying its rejection of Carter's effort to circumvent dismissal through amendment. 2510. (Docket Entry No. Co., 560 F.3d 371, 378 (5th Cir 2009))). Simply put, Carter was ineligible for relief on a motion for reconsideration, and thus the district court did not err in denying him such relief. 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. Marcus Raymond Spagnoletti, State Bar Information, Eric Jonathan Rhine, Spagnoletti Law Firm, Houston, TX, for Plaintiffs. Branch , 924 F.3d 762, 765 (5th Cir. See Carter II, 710 F.3d at 183. Carter v. Halliburton Co. (the Carter Action), No. website until it is completed. KBR, INC., KELLOGG, BROWN & ROOT SERVICE, INC., KBR TECHNICAL SERVICES, INC., OVERSEAS ADMINISTRATION SERVICES, LTD., and SERVICE EMPLOYEES INTERNATIONAL, INC., Defendants. To that end, the FCA contains strict limits on its qui tam provisions, including a statutory first-to-file rule. See S. Walk at Broadlands Homeowners Ass'n, Inc. v. OpenBand at Broadlands, LLC, 713 F.3d 175, 184 (4th Cir. Because, on the current record, the court cannot reliably determine whether either defense is preemptive as KBR argues, the motion to dismiss is also denied. The basis for our decision to dismiss was our view that Carter had violated the first-to-file rule by bringing the Carter Action while related FCA actions were still pending; the basis for our decision to dismiss without prejudice was our view that Carter could refile his case following the dismissals of earlier-filed, related FCA actions. 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. Saleh v. Titan Corp. , 580 F.3d 1, 7 (D.C. Cir. Discovery on these defenses will close on August 27, 2021. I work in Iraq for KBR and am paid by Service Employees Int"l in Dubai, UAE. 3d 852, 858 (W.D. WebKBR holds all leaders and employees to the highest standards of business and personal integrity, abiding by the strictest ethical and legal standards. We have previously held otherwise, see Carson, 851 F.3d at 303, and we do not attempt to revisit this Circuit's rule here. Id. Off. In sum, the combatant-activities exception is designed to prevent courts in state tort cases from second-guessing military decisions, after the fact. 2d at 710 ; Saleh , 580 F.3d at 7. KBR satisfies the first prong. WebServices, Ltd., and Service Employees International, Inc. 2671, several courts have applied the combatant-activities exception to government contractors. Finally, KBR meets the fourth prong, showing that the plaintiffs claims are "alternatively connected or associated" with "acts under color of federal office." (Docket Entry No. Good morning, ladies and gentlemen. 1-1 at 5.1, 5.36). 2015) (per curiam). Without more information in the record, the court cannot reliably or accurately determine whether the plaintiffs were engaged in combatant activities. Saleh , 580 F.3d at 9 ; see also Burn Pit Litig. Carter first relies on the Supreme Court's statement that an earlier suit bars a later suit while the earlier suit remains undecided but ceases to bar that suit once it is dismissed. Carter III, 135 S. Ct. at 1978. , 744 F.3d 326, 348 (4th Cir. WebCajetan Okeh v. Service Employees International (2014) Jeremy Stokes v. Service Employees International, Inc. (2014) James Breashears v. Brown and Root Unfortunately, KBR decided to ignore the unambiguous threats of retaliation levied by Iran following the death of General Qassem Soleimani. Fisher , 667 F.3d at 610. The Defense Base Act extends workers compensation coverage under the Longshore and Harbor Workers Compensation Act to "employees of American contractors engaged in construction related to military bases in foreign countries, and to foreign projects related to the national defense whether or not the project is located on a military base." "To determine whether jurisdiction is present for removal," the court considers "the claims in the state court petition as they existed at the time of removal." United States ex rel. 2d 669, 683 (D. Md. at 1978. 10-CV-5645, 2017 WL 1233991, at *10 (S.D.N.Y. United States v. Holland, 214 F.3d 523, 527 (4th Cir. The complaint alleges that in January 2020, Iran launched ballistic missiles at the United States Army forward operating base in Al Asad, Iraq. 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. The Fifth Circuit has held that, under the Longshore and Harbor Workers Compensation Act, an employee can have multiple "employers," each of which is entitled to immunity. 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. Med. Carter v. Halliburton Co. (Carter V), 144 F. Supp. Grow. Although the Carter Action was brought while related FCA actionsnamely the Maryland and Texas Actionswere still pending, Carter argues that the intervening dismissals of the latter actions dictate that the dismissal of the Carter Action on first-to-file grounds was unwarranted. , 744 F.3d at 348. Harm in these scenarios might be the product of U.S. military decisions. This contention does not withstand scrutiny. application of plaintiff for an extension of time to file a petition for a at 5.29, 5.34). 31 U.S.C. La. 2680(j) (emphasis added). This policy argument offers no basis for disregarding the first-to-file rule's unambiguous statutory text. WebDaily Duties at Service Employee International,Inc. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. v. ASARCO LLC, 135 S. Ct. 2158, 2169 (2015) (internal quotation marks omitted). We reaffirm this holding today. The only court to apply this test in a Defense Base Act case did so on a summary judgment motion. Without the contract or other information in the record, the court cannot reliably or accurately determine what kind of work Service Employees International performed at the Al Asad base, much less the level of discretion KBR had over that work. Fisher , 703 F. Supp. Here, the court has few, if any, facts about the relationship between the plaintiffs and KBR. case opinion for us 5th circuit galen barker v. halliburton company kbr kbr technical services inc service employees international inc kellogg brown root services inc kellogg brown root international inc kellogg brown root kellogg brown root inc kellogg brown root de kellogg brown root kbr inc kbr inc. read the court's full decision on findlaw. 2301, 168 L.Ed.2d 42 (2007) ; see also Latiolais , 951 F.3d at 291 ("[The contractor's] status as a person and its federal contract with the Navy satisfy the first and second conditions. Fisher , 667 F.3d at 613. As such, the district court dismissed the Carter Action with prejudice. "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Harris , 724 F.3d at 481. Based on the pleadings, the record, and the applicable law, the court finds no basis to remand, and denies the motion to dismiss. 31, 2017) (collecting cases). In June 2011, Carter filed a qui tam complaint against KBR in the Eastern District of Virginia. Id. 3729(a)(1). 2013) (It is well-established that parties cannot amend their complaint through briefing or oral advocacy.). 2002) (citing 28 U.S.C. See 31 U.S.C. Find your next opportunity: Search for Job Title We are All In All In brings together our Inclusion and See Gadbois, 809 F.3d at 46. Navy. Kevin Cloyd, Nickalandra Witherspoon, and Lucille Andrade were employed by Service Employees International and working at the Al Asad base when the attack occurred. The court added that all of the Carter Action's claims would fall outside the limitations period if Carter were to refile his action. To determine whether the combatant-activities exception preempts a state tort claim, courts apply the "command-authority" test. WebWe are the Service Employees International Union (SEIU), a union of about 2 million diverse members in healthcare, the public sector and property services who believe in and fight for (Id. WebCareers at KBR | KBR job opportunities Belong. Gadbois only addressed a situation where the relator sought to revise an FCA complaint with information pertaining to the related action that gave rise to the first-to-file defect. The Supreme Court granted certiorari, and then affirmed in part and reversed in part this Court's decision. As discussed below, KBR asserts colorable federal defenses under the Defense Base Act and the combatant-activities exception to the Federal Tort Claims Act. 11-cv-602 (E.D. Third, courts determine whether the "private service contractor [was] integrated into combatant activities over which the military retains command authority." 1955 ). A Zoom link will be sent to the parties. Rule 12(b)(6) must be read in conjunction with Rule 8(a), which requires "a short and plain statement of the claim showing that the pleader is entitled to relief." While KBR did not directly employ the plaintiffs, it was a party to the LOGCAP IV contract. We then addressed the first-to-file rule. The combatant-activities exception is part of the Federal Tort Claims Act, which does not "provide immunity to nongovernmental actors." at 442444. See Gabelli v. SEC, 133 S. Ct. 1216, 1221 (2013) (describing the interests of defendants that are advanced by statutes of limitations). 4. We therefore remanded this case to the district court for further proceedings. WebKBR Technical Services, Inc., Overseas Administration Services, Ltd., and Service Employees International, Inc. (collectively, the "KBR defendants"), on June 8, 2009. , 744 F.3d at 351 ("The district court therefore erred in resolving this issue before discovery took place."). Carter argued that the dismissals of the related Maryland and Texas Actions cured any first-to-file defect in the Carter Action. See Carson, 851 F.3d at 30203 (A belated relator who merely adds details to a previously exposed fraud does not help reduce fraud or return funds to the federal fisc, because once the government knows the essential facts of a fraudulent scheme, it has enough information to discover related frauds. (quoting United States ex rel. Id. $ 83. 2017).1. Applying this logic, and finding no statute of limitations issue, we ruled that the district court's dismissal of the Carter Action should have been without prejudice instead of with prejudice. Circuits have adopted this test, breaking it into two prongs: (1) "whether the contractor is integrated into the military's combatant activities" and (2) "whether the contractor's actions were the result of the military's retention of command authority." FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. , 744 F.3d at 351. WebService Employees International Union (SEIU) is a 501(c)(5) labor union representing over 2 million workers in about 100 occupations in the United States and Canada. 2014). Click here to learn how to enable. KBR's motion to dismiss, (Docket Entry No. Carter then petitioned for certiorari, and the Supreme Court granted that petition. at 883. Our job is to follow the text even if doing so will supposedly undercut a basic objective of the statute. Baker Botts LLP. Full title:KEVIN CLOYD, et al., Plaintiffs, v. KBR, INC., Defendant. I agree with the majority opinion's conclusion that the dismissal of all earlier-filed, related actions does not, by operation of law, lift the first-to-file bar on a later-filed action. Having concluded that the above-described decision was correct, we cannot agree with Carter's argument. Each step is examined below. Soodavar v. Unisys Corp., 178 F. Supp. See McBurney v. Young, 667 F.3d 454, 465 (4th Cir. Feb. 8, 1999). 1955 ). (Lowes Aff. We disagree. , 744 F.3d at 348 ; Aiello , 751 F. Supp. 1-1 at 5.39). The court explained that Carter's proposed amendment could not change the fact that the Carter Action was brought in violation of the first-to-file rule. 1. WebBixby et al v. KBR, Inc. et al, No. Our innate curiosity about our surrounding world creates a work environment where all are encouraged to follow their inspiration, try new directions and work collaboratively whenever possible. On this record, the court cannot conclude as a matter of law that KBR and Service Employees International were, or were not, under military command authority. 8:07-cv-1487 (D. Md. (Docket Entry No. Appellees Halliburton Company; Kellogg Brown & Root Services, Inc.; KBR, Inc.; and Service Employees International, Inc. (collectively, KBR), are a group of defense Servs., Inc. , No. 1813, 23 L.Ed.2d 396 (1969) ; Arizona v. Manypenny , 451 U.S. 232, 242, 101 S.Ct. The term "suggests that [the combatant-activities] immunity is quite broad." 2009) ). In adopting the FCA, the objective of Congress was broadly to protect the funds and property of the government. United States ex rel. 1-1 at 5.2). 2. The plaintiffs motion to remand, (Docket Entry No. 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 2010), rev'd on other grounds , 667 F.3d 602 (5th Cir. 1-5 at 613). Va. 2015). In his complaint, Carter alleged that KBR had violated the FCA by fraudulently billing the government in connection with its water purification services.2. 1955 ). In Fisher , the Fifth Circuit addressed similar claims. This suggests that Congress intended to give government contractors less than the full immunity enjoyed by the government. The Defense Base Act "includes a provision making an employer's liability under the workers compensation scheme exclusive." 2000). 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. The statement itself belies the notion that live means not in violation of the first-to-file rule: The statement expresses unqualified agreement with this Court, which had just issued a decision that both applied the first-to-file rule to the Carter Action and called for dismissal without prejudice in lieu of dismissal with prejudice.