Private military contractor Kellogg Brown and Root is suing 12 National Guard veterans for $850,000 in legal fees that the company has incurred through defending a suit brought by the 12 for damages related to service on behalf of the company while in Iraq.
Early in 2003, the Department of Defense ordered members of the Oregon National Guard to protect supply convoys and repair facilities operated by KBR. The DoD had hired KBR to restore the flow of Iraqi oil to pipelines supplying the West and Europe. At the Qarmat Ali water treatment facility, severely damaged by American attacks and fleeing Iraqis, members of the Guard were exposed to hexavalent chromium, a cancer agent.
After developing health problems consistent with hexavalent chromium exposure, the veterans sued KBR for negligence in Federal Court in Portland. After a month long trial, the jury awarded the veterans $85 Million in 2012. KBR appealed, and sought $30 Million in legal fees and damages from the veterans for initiating the lawsuit.
The soldiers, residents of Oregon and under orders from the Department of Defense, placed on loan to a private entity contracted by the DoD, sued in their home state in federal court, not state court. They argued that a chemical used at the Qarmat Ali treatment facility had, to the knowledge of KBR, contaminated the site. Remaining at the site without being informed of the presence of the cancer agent by DoD or KBR constituted negligence. The Oregon jury agreed.
In May of this year, however, the 9th Circuit Court of Appeals reversed the ruling. The Court, persuaded by KBR lawyers, determined that an Oregon court, even if a federal circuit court, was not the proper jurisdiction for the case. Rocky Bixby, Ronald Bjerklund, Charles Ellis, Matthew Hadley, Colt Campredon, Vito Pacheco, Brian Hedin, Charles Seamon, Aaron St. Clair, Byron Greer, Jason Arnold and Larry Roberta must now take their case to Houston, Texas, where KBR is located.
A magnanimous KBR was pleased that the 9th Circuit ruled that the Oregon court did not have “personal jurisdiction” over the Texas based company. KBR executive vice president and general counsel Eileen Akerson said, “This ruling is another major step in resolving the few remaining legacy tort claims related to KBR’s work supporting the U.S. military in Iraq. We look forward to bringing closure to all of those matters.” Closure for KBR includes hiding behind its military contractor indemnification clause, and suing the Oregon soldiers for fees and damages incurred through the long course of this trial.
Creeps who should have been indicted as co-conspirators in the lawsuits should have included all the Republicans who profited from the war – starting with Dick Cheney with his ties to Halliburton. Yes, KBR was a subsidiary of Halliburton while Cheney’s firm was getting all those juicy no-bid contracts from the War Department.
Then, we get to confront our less-than-equal rights before American courts. Of course, we must move the retrial into KBR’s backyard. Makes it easier for lawyers, judges and politicians to discuss the case over cocktails.
Meanwhile, the Oregon soldiers contemplate zero compensation for their abuse and ill health in the Bush-Cheney War.