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KBR Appeal Dismissed by Fifth Circuit Court of Appeals

The United States Fifth Circuit Court of Appeals has dismissed KBR’s interlocutory appeal in McManaway, et al, v KBR, Inc.,et al as premature until a determination of controlling law has been made. In the appeal, KBR contended the case should be dismissed as barred under the political question doctrine and preempted by the combatant-activities exception to the Federal Tort Claims Act (FTCA).  The appeal was dismissed without prejudice.

McManaway, et al, v KBR, Inc.,et al involves dozens of Indiana, West Virginia, South Carolina, and British veterans. The plaintiffs have sued the Houston-based military contractor over health problems they blame on exposure to hexavalent chromium dust, a carcinogenic orange-yellow powder used to fight corrosion in water pipes. The troops were guarding KBR workers as they tried to restore water treatment facilities at the Qarmat Ali water treatment site.

United States District Judge Vanessa Gilmore is presiding over the case in the Southern District of Texas. Judge Gilmore denied the immunity defense last year. After denying KBR’s immunity motions, the court permitted the immunity defense decision to go on interlocutory appeal to the Fifth Circuit in September 2012. In November 2012, a decision was made by a jury in Oregon in Bixby, et al, v KBR, Inc., et al, a case involving the same circumstances as McManaway, et al, v KBR, Inc.,et al, determining KBR was negligent and awarded the veterans $85 million. The court later affirmed the jury decision in the amount of $81 million.

At this time, Judge Gilmore will decide on when and how to proceed to trial for the Texas cases. It is anticipated that KBR will ask for reconsideration by the Court of Appeals.


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Posted by Jeff Raizner on Nov 14 2013. Filed under KBR Lawsuits, Qarmat Ali Blog, Qarmat Ali News. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.

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