service employees international inc, kbr

See Rigsby, 137 S. Ct. 436. (Id. , 744 F.3d at 351 ; and supplied weapons to vessels fighting in a combat area, Koohi , 976 F.2d at 133637. 2d at 663 ; cf. The attack was allegedly in retaliation for the killing of General Qassem Soleimani. Carter did not, however, contest the district court's decision to assess the first-to-file rule based on the facts as they existed at the time that the Carter Action was brought. KB&RS is the operating company and contracting entity for KBRs Government and The only court to apply this test in a Defense Base Act case did so on a summary judgment motion. (Lowes Aff. WebOther than its ultimate parent (KBR, Inc.), Service Employees International, Inc. does not have any publicly traded affiliates. In his complaint, Carter alleged that KBR had violated the FCA by fraudulently billing the government in connection with its water purification services.2. Burn Pit Litig. The district court also rejected Carter's efforts to sidestep the first-to-file rule through amendment. 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 5.37, 5.38). See Burn Pit Litig. 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. To determine whether the combatant-activities exception preempts a state tort claim, courts apply the "command-authority" test. 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. In 2006, the company separated from Halliburton and completed a successful initial public offering on the New York Stock Exchange. , 744 F.3d at 349. See Carter II, 710 F.3d at 183. The district court's judgments comport with this holding, and they are therefore. (Docket Entry Nos. Without more information in the record, the court cannot reliably or accurately determine whether the plaintiffs were engaged in combatant activities. KBR's petition challenged this Court's holding in connection with the WSLA, as well as its holding that a relator could bring an FCA action after the dismissal of a related action. 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. 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. at 6.3). The subsequent dismissals of the Maryland and Texas Actions do not alter the fact that Carter brought the Carter Action while factually related litigation remained pending, and those dismissals therefore do not cure the Carter Action's first-to-file defect. UNITED STATES ex rel. Koohi , 976 F.2d at 1337. at 442444. See In re KBR, Inc., Burn Pit Litig. 2017); United States ex rel. 8. 2d 344, 347 (D.D.C. 1-5 at 613). The Third and Fourth Circuits agree that the purpose of the combatant-activities exception is to "foreclose state regulation of the military's battlefield conduct and decisions." application of plaintiff for an extension of time to file a petition for a 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. Carter's situation is different, because his proposed revision makes no mention of the related Maryland and Texas Actions. The court will allow limited discovery on KBR's Defense Base Act defense. See Heavin v. Mobil Oil Expl. Courts have offered three main views. at 50407, 108 S.Ct. KBR also meets the second prong, which is liberally construed. 8:07-cv-1487 (D. Md. The plaintiffs position is that the Defense Base Act does not apply because they did not have a direct employment relationship with KBR. II. We then addressed the first-to-file rule. "A complaint does not need detailed factual allegations, but the facts alleged must be enough to raise a right to relief above the speculative level. " Cicalese v. Univ. Paul Papak OPINION AND 31, 2017) (collecting cases). Appellees Halliburton Company; Kellogg Brown & Root Services, Inc.; KBR, Inc.; and Service Employees International, Inc. (collectively, KBR), are a group of defense See La. 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 complaint alleges that in January 2020, Iran launched ballistic missiles at the United States Army forward operating base in Al Asad, Iraq. Put another way, [o]ne brings' an action by commencing suit. United States ex rel. Claimant began working for employer in Iraq as a heavy truck driver in January 2005 and later became a convoy commander. Carter v. Halliburton Co. (Carter I), No. FED. P. 8(a)(2). Additionally, the district court held that all but one of the Carter Action's claims fell outside the applicable six-year statute of limitations on civil actions. 3-1 at 1 n.1). 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."). 1442. KBR satisfies the first prong. First, courts identify the "uniquely federal interests" behind the exception. 2510, 101 L.Ed.2d 442 (1988), to determine whether a Federal Tort Claims Act exception preempts state law. (Docket Entry No. Id. See 31 U.S.C. at 50712, 108 S.Ct. See S. Walk at Broadlands Homeowners Ass'n, Inc. v. OpenBand at Broadlands, LLC, 713 F.3d 175, 184 (4th Cir. But see United States v. Medco Health Solutions, Inc., No. 2017) (quoting Twombly , 550 U.S. at 555, 127 S.Ct. Id. 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. Id. The plaintiffs do not describe the type of work they performed at the Al Asad base. (Docket Entry No. 2510. The combatant-activities exception "preempt[s] state or foreign regulation of federal wartime conduct." See Carter III, 135 S. Ct. at 1979 (The False Claims Act's qui tam provisions present many interpretive challenges, and it is beyond our ability in this case to make them operate together smoothly like a finely tuned machine.). KBR's Vice President of Government Solutions submitted a declaration stating that KBR typically performs "operations and maintenance, laundry, water and ice production and delivery, firefighting, fuel delivery, and waste management" in Iraq. 56, 59 (E.D. $ 16. The plaintiffs were working under a predecessor to the LOGCAP IV contract at issue here. Our first decision in this case held that courts must look at the facts as they existed when the claim was brought to determine whether an action is barred by the first-to-file bar. Carter II, 710 F.3d at 183. Harris , 724 F.3d at 480. See Carter II, 710 F.3d at 183. 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. 1-1 at 5.39). See United States ex rel. On remand, this Court addressed an argument pressed by Carter that he could rely on the principle of equitable tolling to render the Carter Action timely. Oops! The basis for the above-described holding was the relevant statutory text, which imposes a restriction on the bring[ing] of an action. 31 U.S.C. (Id. Accordingly, the court denied Carter's motion for amendment on futility grounds. To that end, the FCA contains strict limits on its qui tam provisions, including a statutory first-to-file rule. 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. Carter v. Halliburton Co. (Carter VI), 315 F.R.D. 3730(d). Va. filed June 2, 2011). APPLICATION OF PLAINTIFF FOR AN EXTENSION OF TIME TO FILE A PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT CERTIFICATE OF SERVICE I, David S. Stone, counsel for Petitioner, certify that on this I 61h day of Beauchamp v. Academi Training Ctr., 816 F.3d 37, 39 (4th Cir. Harm in these scenarios might be the product of U.S. military decisions. Section 1442(a) permits "any officer of the United States or person acting under [him or her]," 28 U.S.C. Franks v. Ross, 313 F.3d 184, 198 n.15 (4th Cir. Good morning, ladies and gentlemen. 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. 1-1 at 5.2, 5.39). Harris , 724 F.3d at 479 ; see also Burn Pit Litig. Today, KBR actively contributes to ongoing projects across North America, Europe, Russia and the Middle East. Together, KBR employees are pushing industries and organizations forward, from our headquarters in Houston, Texas, to Earths orbit and beyond. Id. Chovanec v. Apria Healthcare Group, Inc., 606 F.3d 361, 362 (7th Cir. The majority opinion further concludes that the district court did not abuse its discretion in denying Relator leave to amend. The Fifth Circuit construes the statute in favor of remand and construes ambiguities against the removing party. 3730(b)(2). Carter opposed certiorari, insisting that this Court correctly decided that the district court's jurisdictional dismissal of the case should have been without prejudice. Brief in Opposition at 17, Carter III, 135 S. Ct. 1970 (No. (Id. Although designed to incentivize whistleblowers, the FCA also seeks to prevent parasitic lawsuits based on previously disclosed fraud. United States ex rel. Tex. About KBR KBR is a global engineering, construction and services company supporting the energy, hydrocarbons, power, industrial, civil infrastructure, minerals, Transcript : KBR, Inc., Q1 2023 Earnings Call, May 01, 2023. Kevin CLOYD, et al., Plaintiffs, v. KBR, INC., Defendant. Va. 2016). 2045, 76 L.Ed.2d 194 (1983) ); see Davila-Perez v. Lockheed Martin Corp. , 202 F.3d 464, 468 (1st Cir. WebBixby et al v. KBR, Inc. et al, No. The combatant-activities exception is part of the Federal Tort Claims Act, which does not "provide immunity to nongovernmental actors." Placing profits over the safety of these individuals and contractors, KBR failed to evacuate them. 3729(a)(1). To remove under 1442(a), KBR must show that "(1) it is a person within the meaning of the statute, (2) it acted pursuant to a federal officer's directions, (3) it asserts a colorable federal defense, " and (4) there is " a causal nexus between the defendant's acts under color of federal office and the plaintiff's claims." The district court denied Carter's motion for reconsideration, explaining that Gadbois did not constitute new controlling law justifying reconsideration because it was decided outside this Circuit. 2012). Carter v. Halliburton Co. (the Carter Action), No. ). If the contractor has significant discretion in the way it performs its duties, the military does not retain command authority. 3730(b)(1). 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. 2012) ("We liberally construe this term."). Se., Inc. , 913 F.2d 178 (5th Cir. Off. 88, 98 L.Ed. 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." 31 U.S.C. United States v. Holland, 214 F.3d 523, 527 (4th Cir. I write separately to emphasize the narrow scope of that conclusion. See Carter II, 710 F.3d at 17781. at 5.38, 5.39). Id. "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." Financial Highlights for the Quarter Ended March 31, 2023. at 43940. 470, 95 L.Ed. We affirm. KBR removed to federal court under the federal-officer removal statute, the plaintiffs moved to remand, and KBR moved to dismiss. Tex. In sum, the combatant-activities exception is designed to prevent courts in state tort cases from second-guessing military decisions, after the fact. 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." The Supreme Court held that, in accordance with the ordinary meaning of the term pending, a qui tam suit under the FCA ceases to be pending once it is dismissed. Carter III, 135 S. Ct. at 197879. 1441(a) ). We held that Carter did not properly preserve the issue of equitable tolling, and so we summarily affirmed the district court's refusal to equitably toll the statute of limitations. Programs , 461 U.S. 624, 636, 103 S.Ct. 33 U.S.C. 2d at 710 ; Saleh , 580 F.3d at 7. The D.C. 2d at 577 ("[T]he actions at issue were taken under the direct and detailed control of federal officers because [the contractor's] maintenance and power generation services at [a military base] were performed [under a contract] with the U.S. at 4). Bell Atl. O'Keeffe v. Pan Am. Notably, KBR's petition never questioned this Court's holding that the first-to-file analysis depends on the set of facts in existence at the time an FCA action is filed. 2012). 3730(b)(5). 33 U.S.C. 1998) ([T]he phrase bring a civil action means to initiate a suit.). 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. 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. 3730(b)(5). See Carter III, 135 S. Ct. 1970. The third prong is also met. 31 U.S.C. The Supreme Court, moreover, expressed agreement with this Court's rejection of dismissal with prejudice in this case, and it did not qualify this expression of agreement with the significant caveat that it disagreed with this Court's instruction of dismissal without prejudice. Id. 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. 2014). 1955 ). (Docket Entry No. Another plaintiff, Andrade, submitted a Claim stating that she was a "Food Service Worker." Branch Consultants v. Allstate Ins. Id. The district court dismissed relator Benjamin Carter's (Relator) False Claims Act complaint against Defendant Halliburton Co., and several of its subsidiaries, on grounds that at least two related actions were pending at the time Relator filed his original complaint. BENJAMIN CARTER, Plaintiff - Appellant, v. HALLIBURTON CO.; KELLOGG BROWN & ROOT SERVICES, INC.; SERVICE EMPLOYEES INTERNATIONAL INC.; KBR, INC., Defendants - Appellees. The Fisher plaintiffs were military-contractor employees providing logistics and support services in Iraq when insurgents attacked their convoys, injuring them. 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. 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. P. 12(b)(6). Carter v. Halliburton Co. (Carter IV), 612 F. App'x 180 (4th Cir. 2015). 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. Burn Pit Litig. See Latiolais , 951 F.3d at 296 ("[The government contractor] performed the refurbishment and, allegedly, the installation of asbestos pursuant to directions of the U.S. 1955 ). Harris , 724 F.3d at 481. Aiello , 751 F. Supp. 1657, 68 L.Ed.2d 58 (1981) ; Jefferson County v. Acker , 527 U.S. 423, 431, 119 S.Ct. 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. The defendant may file a motion for summary judgment no later than September 17, 2021. Instead, KBR is the parent company of Service Employees International, the plaintiffs employer. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Here, the court has few, if any, facts about the relationship between the plaintiffs and KBR. The denial of the motion to dismiss is without prejudice to the defendant's ability to reurge the arguments, if appropriate, in a motion for summary judgment, after discovery targeted and limited to the Defense Base Act and combatant-activity defenses. 15), is denied. As discussed below, KBR asserts colorable federal defenses under the Defense Base Act and the combatant-activities exception to the Federal Tort Claims Act. "); Vance v. CHF Int'l , 914 F. Supp. 2d 669, 683 (D. Md. In adopting the FCA, the objective of Congress was broadly to protect the funds and property of the government. United States ex rel. WebCareers at KBR | KBR job opportunities Belong. 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. Circuit recognized this by limiting preemption to contractor actions over which "the military retains command authority."

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