As the Supreme Court has explained, "the raising of a federal question in the officer's removal petition constitutes the federal law under which the action against the federal officer arises for Art. Circuit suggested that the combatant-activities exception eliminates "tort from the battlefield." Gadbois v. PharMerica Corp., 809 F.3d 1 (1st Cir. 1980). To that end, the FCA contains strict limits on its qui tam provisions, including a statutory first-to-file rule. International Terrorist Attack Attorneys | Spagnoletti Webkbr, inc. and services employees international, inc., defendants.))))) First, courts identify the "uniquely federal interests" behind the exception. Workers Comp. 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. Other courts have found this too broad. The plaintiffs allege that they were working for a military contractor at an overseas military base and were injured when a foreign country attacked the base with missiles. The Carter Action was not Carter's first attempt to sue KBR under the FCA. & Prod. The reasons for these rulings are set out below. The Defense Base Act is "liberally construed," Voris v. Eikel , 346 U.S. 328, 333, 74 S.Ct. For support, Carter cited United States ex rel. See, e.g., Walburn v. Lockheed Martin Corp., 431 F.3d 966, 972 n.5 (6th Cir. That text does not purport to restrict the continuation of an FCA action while a related action is pending; rather, it restricts the bring[ing] of an FCA action while a related action is pending. Likewise, the majority opinion does not address whether the district court's rule categorically barring a relator from supplementing a complaint to cure a first-to-file defect is consistent with this Court's decision in Feldman v. Law Enforcemt Associates Corp., 752 F.3d 339, 347 (4th Cir. at 1978. 2d 698, 709 (S.D.N.Y. Carter v. Halliburton Co. (Carter II), 710 F.3d 171, 17476 (4th Cir. Thus, assuming for the sake of argument that Gadbois was correctly decided,8 it provides Carter no support. The plaintiffs motion to remand, (Docket Entry No. The plaintiffs argue that this is enough to distinguish Fisher . Although designed to incentivize whistleblowers, the FCA also seeks to prevent parasitic lawsuits based on previously disclosed fraud. United States ex rel. 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. See State Farm Fire & Cas. at 616, 617 ("We think it self-evident that driving trucks in Iraq in support of United States military operations augmented the probability that Plaintiffs would fall victim to an attack by insurgent forces, and that the character of Plaintiffs employmentproviding support services to an occupying military forceincreased the likelihood that Plaintiffs would be targeted by forces opposed to the United States presence in Iraq in 2004."). KBR subsequently petitioned the Supreme Court for certiorari. (Docket Entry No. Courts have had little trouble concluding that the federal government has a unique federal interest in "the management of wars." The Supreme Court concluded, [w]e therefore agree with the Fourth Circuit that the dismissal with prejudice of [Carter's] one live claim was error. Id. Fisher , 667 F.3d at 610 (citing 42 U.S.C. Transcript : KBR, Inc., Q1 2023 Earnings Call, May 01, 2023. (Docket Entry No. Unfortunately, KBR decided to ignore the unambiguous threats of retaliation levied by Iran following the death of General Qassem Soleimani. Courts determine whether the U.S. military has command authority over a contractor by examining the contractor's discretion in performing its duties. Carter v. Halliburton Co. (Carter VI), 315 F.R.D. 11-684-RGA, 2017 WL 63006, at *12 (D. Del. 2d at 710. 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. 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. Duprey, No. The district court rejected this argument, and consequently denied Carter's proposed amendment. I work in Iraq for KBR and am paid by Service Employees Id. at 4). Jan. 5, 2017) (arguing that Gadbois failed to give sufficient weight to the plain language of the first-to-file bar) (quoting Carter VI, 315 F.R.D. From January to April 2005, Appellant Benjamin Carter worked for KBR at a water purification unit employed to provide clean water to American troops serving in Iraq. Carter asserts that our prior holding that a first-to-file analysis turns on the set of facts existing at the time an FCA action was commenced has been undermined by the Supreme Court's intervening decision in this case. The third prong is also met. Find your next opportunity: Search for Job Title We are All In All In brings together our Inclusion and Welcome to KBR.com. Harris , 724 F.3d at 480 ; see also Burn Pit Litig. KBR did not clarify the relationship among KBR, Service Employees International, and the LOGCAP IV contract. 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. 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. (Docket Entry No. WebHighly supportive work environment. website until it is completed. A complaint must contain "enough facts to state a claim to relief that is plausible on its face." Med. Harris , 724 F.3d at 480. KBR is a signatory to the LOGCAP IV contract, (Docket Entry No. Burn Pit Litig. Id. KB&RS is the operating company and contracting entity for KBRs Government and Cuvillier v. Taylor , 503 F.3d 397, 401 (5th Cir. Total preemption might, for example, preclude claims based on "contractors contractual violations," even though "the conduct underlying these violations is [independent] of the military's battlefield conduct and decisions." Id. 2014). Cloyd v. KBR, Inc., 536 F. Supp. 3d 113 | Casetext Search UNITED STATES ex rel. Hayes v. Allstate Ins. KBR highlighted other decisions suggesting that parent companies qualify as employers under the Act, but these were decisions on summary judgment motions, not motions to dismiss. The D.C. The court has jurisdiction under 28 U.S.C. 2012) ; see also 42 U.S.C. "The plausibility standard is not akin to a probability requirement, but it asks for more than a sheer possibility that a defendant has acted unlawfully." 2002) (citing 28 U.S.C. The plaintiffs do not describe the type of work they performed at the Al Asad base. (quotation and citations omitted). KBR 1964). For example, the Ninth Circuit's view would exclude claims stemming from "friendly fire," Harris , 724 F.3d at 480, and claims by "bystanders and allies, even in actual live-fire combat events," Aiello , 751 F. Supp. The Supreme Court granted certiorari, and then affirmed in part and reversed in part this Court's decision. Johnson v. United States , 170 F.2d 767, 770 (9th Cir. Schmit v. ITT F. Elec. 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. Saleh v. Titan Corp. , 580 F.3d 1, 7 (D.C. Cir. WebKBR holds all leaders and employees to the highest standards of business and personal integrity, abiding by the strictest ethical and legal standards. 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. Id. To determine if an employee has multiple employers, the Fifth Circuit applies the "relative nature of the work test": Oilfield Safety , 625 F.2d at 1253 ; see also Fisher , 703 F. Supp. FED. 2005) ; Carr v. Lockheed Martin Tech. Because the Maryland Action was pending on the date the Carter Action was brought, the Carter Action ran afoul of the district court's understanding of the first-to-file rule.3. The plaintiffs claims are associated with acts taken under color of federal office. 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. , 744 F.3d at 348. This lengthy test is highly fact dependent. 1955 ). Accordingly, the Supreme Court's decision in Carter III does not disturb our initial holding that the reference point for a first-to-file analysis is the set of facts in existence at the time that the action under review is commenced. Region 16, Fort Worth, Texas. The court will hear oral argument on the motion on October 27, 2021, by Zoom. Around here, we define the future. We are a company of innovators, thinkers, creators, explorers, volunteers and dreamers. But we all share one goal: to improve the world responsibly and safely. Together, KBR employees are pushing industries and organizations forward, from our headquarters in Houston, Texas, to Earths orbit and beyond. at 620. The court will hear oral argument on the motion on October 27, 2021, at 10:00 a.m ., by Zoom. The About KBR KBR is a global engineering, construction and services company supporting the energy, hydrocarbons, power, industrial, civil infrastructure, minerals, The purpose behind the combatant-activities exceptionpreventing courts from second-guessing military decisionsdoes not require preempting torts that stem from purely private actions. , 744 F.3d at 348. WebOther than its ultimate parent (KBR, Inc.), Service Employees International, Inc. does not have any publicly traded affiliates. We may affirm on any ground apparent from the record before us. 2000). Our reading respects the statutory text underlying the first-to-file rule. See Martin v. Halliburton , 618 F.3d 476, 488 (5th 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 FCA's liability scheme is enforced through civil actions filed by the government, 31 U.S.C. Co. , 276 F.3d 720, 723 (5th Cir. The district court, however, dismissed Carter's 2013 complaint on first-to-file grounds, because it was brought while the Carter Action was still pending before the Supreme Court. WebCareers at KBR | KBR job opportunities Belong. We are a company of innovators, thinkers, creators, explorers, volunteers and dreamers. The plaintiffs do not allege that Iran attacked them out of "personal animosity" or for "purely personal reasons." Welcome to the KBR First Quarter 2023 Earnings Conference Call. The combatant-activities exception "preempt[s] state or foreign regulation of federal wartime conduct." See Carter II, 710 F.3d at 17781. The Ninth Circuit and D.C. This policy argument offers no basis for disregarding the first-to-file rule's unambiguous statutory text. In adopting the FCA, the objective of Congress was broadly to protect the funds and property of the government. United States ex rel. IN THE UNITED STATES DISTRICT COURT ROCKY BIXBY, Carter asserts that these holdings would compel a court, sitting after the FCA's limitations period has run, to dismiss a relator's timely FCA action brought during the pendency of a then-pending, but since-dismissed, related action, and thereby expose the relator (if he or she sought to file a new complaint) to statute of limitations problems that the relator otherwise would not face. WebKBR was created in 1998 when M.W. Discovery on these defenses will close on August 27, 2021. KBR, Inc. (NYSE:NYSE:KBR) Q1 2023 Earnings Conference Call May 1, 2023 8:30 AM ETCompany ParticipantsJamie DuBray - Investor RelationsStuart Bradie - President and at 183. Franks v. Ross, 313 F.3d 184, 198 n.15 (4th Cir. Flanagan's declaration, submitted by KBR, states that the Army was responsible for establishing the "defense procedures and force protection postures" that applied to military and civilian personnel at the Al Asad base. IN THE UNITED STATES DISTRICT COURT May 04, 2021 FOR Soodavar v. Unisys Corp., 178 F. Supp. We cannot support Carter's reading. We reaffirm this holding today. KBR satisfies the first prong. Tex. See La. Bell Atl. 2017).1. 2019) (quoting Twombly , 550 U.S. at 555, 127 S.Ct. 2671, several courts have applied the combatant-activities exception to government contractors. 56, 59 (E.D. "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." This Court fully supports the FCA's noble goal of protecting the government's funds and property against fraud. UNITED STATES OF AMERICA v. HALLIBURTON CO.; , 744 F.3d 326, 348 (4th Cir. Carter resists this conclusion, based on unreasonable readings of certain statements from Carter III. KBR This contention does not withstand scrutiny. United Bus. Co. v. Dir. 1948) ; Burn Pit Litig. The Third, Fourth, and D.C. Our Company | KBR KBR A court reviewing a motion to dismiss under Rule 12(b)(6) may consider "(1) the facts set forth in the complaint, (2) documents attached to the complaint, and (3) matters of which judicial notice may be taken under Federal Rule of Evidence 201." Relator's proposed amendment, however, did not reference, in any way, the first-to-file bar or the dismissal of the two earlier-filed, related actions. 11-cv-602 (E.D. Circuit approaches and instead following, as the more persuasive, the Third and Fourth Circuit reasoning. Reading the exception to cover actions against military contractors arising out of events involving U.S. military decisions and actions prevents "second-guessing [of] military judgment." We acknowledged, however, that the district court's judgment was not entirely error-free, because dismissal with prejudice of the one claim Carter brought within the limitations period was not called for under the first-to-file rule. 12). 1955 ). 2510, 101 L.Ed.2d 442 (1988), to determine whether a Federal Tort Claims Act exception preempts state law. , 744 F.3d at 351 ; and supplied weapons to vessels fighting in a combat area, Koohi , 976 F.2d at 133637. Id. "); Ruppel , 701 F.3d at 1181 (" Acting under covers situations, like this one, where the federal government uses a private corporation to achieve an end it would have otherwise used its own agents to complete."). Id. The Federal Officer Removal Statute states: "Federal officers may remove cases to federal court that ordinary federal question removal would not reach." Carter v. Halliburton Co. (the Carter Action), No. Together, KBR employees are pushing industries and organizations forward, from our headquarters in Houston, Texas, to Earths orbit and beyond. 1-1 at 5.2). Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. application of plaintiff for an extension of time to file a petition for a KBR Grow. At the same time, we must adhere to the statutory provisions and limitations that Congress put into place in pursuit of that goal. In January 2007, he visited the medical at 50712, 108 S.Ct. We disagree. 1937, 173 L.Ed.2d 868 (2009) (quoting Twombly , 550 U.S. at 555, 127 S.Ct. 2001). Daniel L. Russell, Jr., Pro Hac Vice, Raymond B. Biagini, Pro Hac Vice, Covington & Burling LLP, Washington, DC, Susan D. Noe Wilson, Schouest, Bamdas, Soshea & BenMaier, PLLC, Houston, TX, for Defendant. The plaintiffs allege that KBR negligently failed to "evacuate contractors" or "provide security measures," such as "communication of safety information and status updates, a means of evacuating Iraq when conditions became unreasonably dangerous, and protection from violent attacks." Lujan v. Hughes Aircraft Co., 243 F.3d 1181, 1188 (9th Cir. The court added that all of the Carter Action's claims would fall outside the limitations period if Carter were to refile his action. 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 Carter's situation is different, because his proposed revision makes no mention of the related Maryland and Texas Actions. Id. 3730(b)(4). at 1979. 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. Contact us. 1-1 at 4.3). 2004); United States ex rel. (Docket Entry No. Courts have disagreed, however, about when state tort law has the potential to conflict with military decisions during wartime. Saleh , 580 F.3d at 7. Although the present record is insufficient for the court to determine whether either or both defenses apply, KBR has asserted a colorable basis to infer that one or both may preempt the plaintiffs claims. 31 U.S.C. Id. We review a denial of leave to amend a complaint for abuse of discretion. WebBrown & Root provides engineering consulting services, including project management, operations and maintenance including: Industrial Small-Cap Construction; Installation; Maintenance; Repair; Turnaround services. (Docket Entry Nos. See Carter III, 135 S. Ct. 1970. Fisher , 667 F.3d at 610 (quoting Morrison-Knudsen Constr. 25-3); and the plaintiffs have alleged that KBR had control over them, (Docket Entry No. KBR's corporate officers guide all operations, ensuring all activity is executed responsibly. KBR It is also unclear how much discretion KBR and Service Employees International had as to whether, when, and how to evacuate contractors working under the LOGCAP IV contract. Finally, the court explained that neither the Wartime Suspension and Limitations Act (WSLA) nor the principle of equitable tolling could toll the statute of limitations on the Carter Action's claims. Because Carter commenced the Carter Action while the Maryland and Texas Actions were still pending, he clearly br[ought] an action while factually related litigation remained pending, 31 U.S.C. 2d at 663. 3730(b)(5), and therefore violated the first-to-file rule. Careers at KBR | KBR job opportunities We note briefly that two of our sister circuits have held that a first-to-file defect bears only on the merits of a relator's action, rather than on a district court's jurisdiction over it. Working at KBR KBR Courts use an expansive definition of "combatant activity" that includes "not only physical violence, but activities both necessary to and in direct connection with actual hostilities." In 2013, while the Supreme Court was still considering Carter's petition for certiorari, Carter refiled his complaint in the Eastern District of Virginia. 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. Paul Papak OPINION AND 1-1 at 5.39). WebService Employee International,Inc. Carter then petitioned for certiorari, and the Supreme Court granted that petition. 1651(a)(4). Id. The plaintiffs position is that the Defense Base Act does not apply because they did not have a direct employment relationship with KBR. Ins. ). The plaintiffs were working under a predecessor to the LOGCAP IV contract at issue here. 3d 869, 873 (E.D. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH See Smith v. Clark/Smoot/Russell, 796 F.3d 424, 430 (4th Cir. 1 5 at 4- 9). Stay up-to-date with how the law affects your life. 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. 2007) (alterations omitted) (quoting Twombly , 550 U.S. at 558, 127 S.Ct. U.S. Department of Labor Benefits Review Board P.O. Box In November 2011, the district court ruled that the Maryland Action was related to the later-filed Carter Action, and that therefore the latter action was precluded by the first-to-file rule. Create an account and take our 4. Under that rule, [w]hen a person brings an action under [the FCA], no person other than the Government may intervene or bring a related action based on the facts underlying the pending action. 31 U.S.C. See Carter III, 135 S. Ct. at 1975. Lincoln v. Turner , 874 F.3d 833, 839 (5th Cir. Rule 12(b)(6) allows dismissal if a plaintiff fails "to state a claim upon which relief can be granted." State tort law interferes with this purpose when the military exercised some level of control over the contractor's allegedly tortious actions, but not when "the federal government has little or no control over a contractor's conduct." 3729(a)(1). 2010) case opinion from the District of Oregon U.S. Federal District Court 2510. See Fisher , 667 F.3d at 610 ; see also Garcia v. Amfels, Inc. , 254 F.3d 585, 588 (5th Cir. Harris , 724 F.3d at 479 ; see also Burn Pit Litig. 2007) (internal quotation marks omitted).

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