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Home» Blog » District of Oregon Denies KBR’s Motion to Dismiss For Second Time

District of Oregon Denies KBR’s Motion to Dismiss For Second Time

KBR’s latest attempt to avoid trial of claims that they knowingly placed members of the Oregon Guard in danger of hexavalent chromium poisoning was denied for a second time. The troops were guarding a KBR company work site at the Qarmat Ali Water Treatment Plant near Basra, Iraq in 2003 that had been contaminated with sodium dichromate.

Dozens of veterans have sued Houston-based KBR over health problems caused by contact with hexavalent chromium dust. Hexavalent chromium is a carcinogenic orange-yellow powder used to fight corrosion in water pipes. The Veterans were tasked with guarding KBR workers as they tried to restore water treatment facilities at the site to resume production of Iraqi oil.

KBR’s latest arguments seeking to dismiss the claims rested on the combatant activities exception and political question doctrines. KBR argued that the soldiers were working in a role consistent with a military assigned activity that involved combat.  KBR also claimed the suit would force jurors to judge actions of the US government thus creating a political question.  These arguments were once again rejected.

KBR’s motion to dismiss was initially denied by Judge Paul Papak in August 30, 2010. An interlocutory appeal of that denial was sent to the 9th Circuit Court who refused to hear the argument.    In the August 29, 2012 Order, Judge Papak denied the arguments once again.

Jury selection for the case is scheduled to begin in October.

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Posted by on Aug 30 2012. Filed under Blog, KBR Lawsuits, Oregon Court Filings, Oregon Court Filings, Oregon Federal Court, Oregon Rulings, Qarmat Ali Case Update, Sodium Dichromate & Hexavalent Chromium. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.

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