[net-gold] [Workers' Compensation] Federal Court Allows Burn Pit Claims to Proceed
- From: "David P. Dillard" <jwne@xxxxxxxxxx>
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- Date: Sat, 11 Sep 2010 07:46:41 -0400 (EDT)
.
Date: Thu, 9 Sep 2010 06:56:20 -0700 (PDT)
From: Jon L. Gelman <jon@xxxxxxxxxxx>
Reply-To: Net-Gold@xxxxxxxxxxxxxxx
To: net-gold@xxxxxxxxxxxxxxx
Subject: [Net-Gold] [Workers' Compensation] Federal Court Allows Burn Pit Claims
to Proceed
[Workers' Compensation]
Federal Court Allows Burn Pit Claims to Proceed
A Federal Court Judge has ordered
that claims against military
contractors, KBR (Kellogg Brown and
Root) and Halliburton, may proceed.
Sick soldiers deployed in Iraq and
Afghanistan filed claims against the
corporations because of "alleged
failures of the military contractors
to treat water and dispose of waste
in a manner required" by their
contract with the US Military.
Judge Roger W. Titus, in his 41 page
opinion, dismissed the jurisdictions
of the defendants and is allowing
limited discovery to go
forward. He also invited the participation
of the US Government as an "amicus curiae,
"friend of the Court," in formulating the
discovery plan.
A lawsuit is currently pending against
Kellog Brown & Root (KBR) and Halliburton
on behalf of soldiers who were exposed to
burn pits in Iraq and Afghanistan.
The corporations were awarded US
logistical contracts to support military
in the war theaters.
In its ruling the Court stated,
"In tension with the exercise of
caution supported by these legal
defenses is the legitimate concern
that the judiciary may prematurely
close courtroom doors to soldiers
and civilians injured from wartime
logistical activities performed by
hired hands allegedly acting contrary
to military-defined strictures.
Courts must be prepared to adjudicate
cases that ultimately expose
defense contractors to appropriate
liability where it is demonstrated
that they acted outside the parameters
established by the military and,
as a result, failed to exercise proper
care in minimizing risk to service
members and civilians."
Soldiers returning from Iraq and
Afghanistan have report illnesses,
including: cancers, respiratory disease,
skin disorders and cancer
following there tours of duty.
Six deaths have been reported from early
onset of leukemia and many more under
treatment for malignancies.
A Federal Court Judge has ordered that
claims against military contractors,
KBR (Kellogg Brown and Root) and
Halliburton, may proceed.
Sick soldiers deployed in Iraq and
Afghanistan filed claims against the
corporations because of "alleged failures
of the military contractors to treat water
and dispose of waste in a manner required"
by their contract with the US Military.
Judge Roger W. Titus, in his 41 page
opinion, dismissed the jurisdictions of
the defendants and is allowing limited
discovery to go forward. He also invited
the participation of the US Government as
an "amicus curiae, "friend of the Court,"
in formulating the discovery plan.
A lawsuit is currently pending against
Kellog Brown & Root (KBR) and
Halliburton on behalf of soldiers who
were exposed to burn pits in Iraq
and Afghanistan. The corporations were
awarded US logistical contracts
to support military in the war theaters.
In its ruling the Court stated,
"In tension with the exercise of
caution supported by these legal
defenses is the legitimate concern
that the judiciary may prematurely
close courtroom doors to soldiers
and civilians injured from wartime
logistical activities performed by
hired hands allegedly acting contrary
to military-defined strictures.
Courts must be prepared to adjudicate
cases that ultimately expose
defense contractors to appropriate
liability where it is demonstrated
that they acted outside the parameters
established by the military and,
as a result, failed to exercise proper
care in minimizing risk to
service members and civilians."
Soldiers returning from Iraq and
Afghanistan have report illnesses,
including: cancers, respiratory
disease, skin disorders and cancer
following there tours of duty.
Six deaths have been reported from early
onset of leukemia and many more under
treatment for malignancies.
Click here to read more about burn pit
claims for benefits and lawsuits.
Call Jon L. Gelman at 973.696.7900 or
e-mail jon@xxxxxxxxxxx
.
--
Posted By Jon L. Gelman
to Workers' Compensation
at 9/09/2010 09:56:00 AM
.
Other related posts:
- » [net-gold] [Workers' Compensation] Federal Court Allows Burn Pit Claims to Proceed - David P. Dillard
