"Halliburton subsidiary KBR suing veterans for legal bills of case KBR lost"

RallyPoint Shared Content — Thu, 30 Jul 2015 10:46:07 -0400

From: Daily KOS

KBR, formerly known as Kellogg, Brown & Root, formerly a subsidiary of Halliburton, has decided to sue 12 National Guard veterans for $850,000 in lost legal fees.

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.

The case was the result of events from 2003 when KBR was officially a subsidiary of Halliburton. However, it wasn't until earlier this year when the Supreme Court said it was okay for veterans to sue the Houston-based company. So how come KBR can sue these veterans for legal fees, you might ask?

Oregon veterans and victims of toxic burn pit exposure linked to contractor Halliburton were devastated when the 9th Circuit overturned a landmark $85 million verdict. Soldiers contend they were knowingly exposed, but the allegations have obviously been denied.

[...]

Halliburton’s subsidiary Kellogg, Brown and Root (KBR) allegedly exposed soldiers to toxic burn pit smoke at Qarmat Ali. The 9th Circuit held that Oregon veterans were unable to hold KBR accountable in their home state. Instead, counsel for the veterans now plans to sue KBR in Houston.

So, it was overturned but not because KBR isn't still entirely responsible for making these soldiers ill because of their greed and/or incompetence. If you read the site you aren't surprised that anything with even the lightest hint of Halliburton stench on it is rotten to the core. Unfortunately, this tactic of trying to crush people financially with mountains of litigation can frequently work. Oregon's representative delegation sans the one Republican have sent a letter to Defense Secretary Ashton Carter urging him to take over the litigation and settle with the 12 Oregon veterans. The letter outlines the biggest problem in all of this: the KBR contract with the Department of Defense immunizes the private contractor from any litigation.

An excerpt from the Oregon delegation is attached.

Money is going to be spent on the part of this contractor who has already made several dozens of billions of dollars on the war in Iraq. They already have enough money to tie up sick veterans in litigation for years but they won't have to worry about using any of their money to do it. Just all of our money. Say what you will about the Obama administration, they have tried over the past few years to promote fixed contracts and companies like KBR have been bristling at the thought of having to actually run a private contracting business without having the deck stacked in their favor.

Fixed-price contracts and task orders are generally viewed as less risky and less expensive than cost-reimbursable work when the work to be done is well understood and limited in scope. The Obama administration made it a reform priority in 2009 to use more firm, fixed-price contracts and fewer cost-reimbursable contracts.

Army contracting officer Robert Egan gave contractor KBR Inc. a rare ultimatum: Provide a firm, fixed price on remaining work to close out the largest government services contract in U.S. history. Or else, he added, he was finished talking.

“Until I see that FFP deliverable, I cannot enter further communication exchanges with your contracts team,” Egan told the company in aFeb. 26 email.

[...]

KBR reacted swiftly to Egan’s email demanding a fixed-price closeout: “KBR is unwilling to accept such a proposal,” KBR senior contracts manager Mary Wade said in a letter.

“LOGCAP III close-out activity does not lend itself to a firm fixed-price arrangement,” Wade wrote.

“Currently, there is no way to accurately define the scope or duration of work. There is no detailed statement of work because no one knows what is going to be done, when it will be done and how long long it will take to complete.

“We see no need to change it,” she concluded.

http://www.dailykos.com/story/2015/07/27/1406142/-Halliburton-subsidiary-KBR-suing-veterans-for-legal-bills-of-case-KBR-lost?detail=email#

Halliburton subsidiary KBR suing veterans for legal bills of case KBR lost

You too can make the ultimate sacrifice and ...

Response by SPC Jan Allbright, M.Sc., R.S. made Jul 30 at 2015 10:58 AM

SPC Jan Allbright, M.Sc., R.S. — Thu, 30 Jul 2015 10:58:29 -0400

Halliburton?
Wasn't that VP Cheney's old gig?

Response by CPL(P) Bret Farritor made Jul 30 at 2015 10:58 AM

CPL(P) Bret Farritor — Thu, 30 Jul 2015 10:58:45 -0400

This is deplorable.

Response by SPC Jeffrey Bly made Jul 30 at 2015 11:15 AM

SPC Jeffrey Bly — Thu, 30 Jul 2015 11:15:28 -0400

Crooks and swindlers.

Response by LCDR Rabbah Rona Matlow made Jul 30 at 2015 12:46 PM

LCDR Rabbah Rona Matlow — Thu, 30 Jul 2015 12:46:08 -0400

Thanks Dick Cheney...

These people need to be fed the swill they fed out troops...

Response by SSG Ricardo Marcial made Jul 30 at 2015 1:36 PM

SSG Ricardo Marcial — Thu, 30 Jul 2015 13:36:15 -0400

This is but one of the many issues servicemen and women were exposed to under KBR. Several soldiers were electrocuted in showers built by KBR.

cheney and company made millions of the lives of men/women serving in Iraq/AF. And they continue to because nobody in Congress will stand up and say enough of this bull****. We gave some and some all, and they take, take, take without a concern of the men/women they are support to protect and serve while we do all the dirty work.

Response by 1SG Private RallyPoint Member made Jul 30 at 2015 3:50 PM

1SG Private RallyPoint Member — Thu, 30 Jul 2015 15:50:21 -0400

One of the most painful things I have encountered since moving from the right coast to the "left" coast is falling under the 9th Circuit.

Response by CW3 Richard Mann made Jul 30 at 2015 4:08 PM

CW3 Richard Mann — Thu, 30 Jul 2015 16:08:52 -0400

I still can't understand how or why so many vets insist on giving GW & Cheney a get out of jail free pass. They made BILLIONS for their friends and supporters with the blood of Americans ! Speaking at a few wounded veterans charities for the discounted rate of a hundred grand just doesn't square the bill, not to me....End of rant!

Response by SSG Jim Foreman made Jul 31 at 2015 1:31 AM

SSG Jim Foreman — Fri, 31 Jul 2015 01:31:11 -0400

Friggin crooks....private industry and our government.

Response by SSG (ret) William Martin made Jul 31 at 2015 8:53 AM

SSG (ret) William Martin — Fri, 31 Jul 2015 08:53:05 -0400

Well that sounds pretty shi**y.

Response by PO1 John Miller made Aug 1 at 2015 9:47 AM

PO1 John Miller — Sat, 01 Aug 2015 09:47:22 -0400

I want to know if KBR had any of their own people and not just these Soldiers on site in the toxic burn pits, and if any of them got sick as well. If so, what is KBR doing for those people in terms of financial compensation and medical treatment?

I know you probably don't have the answer, I'm just curious (and more than just a little upset) over this stink (pardon the pun).

Response by LTC Bink Romanick made Aug 2 at 2015 2:09 PM

LTC Bink Romanick — Sun, 02 Aug 2015 14:09:20 -0400

I am speechless with anger. This company who made billions from the war and would do this to American soldiers? We know what kind of people ran this company, so it isn't surprising.