service employees international inc, kbr

Web) ) ) ) 2:09-cv-1241 ) ) ) ) memorandum opinion and order of court pending before the court are the motion of kbr, inc., overseas administration services, ltd., and service employees international, inc. to dismiss amended complaint for lack of personal jurisdiction (document no. 2d at 710 ; Saleh , 580 F.3d at 7. While Federal Tort Claims Act exceptions do not expressly apply to private actors, 28 U.S.C. 3:2009cv00632 - Document 44 (D. Or. 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. Financial Highlights for the Quarter Ended March 31, 2023. The Defense Base Act "includes a provision making an employer's liability under the workers compensation scheme exclusive." FED. The email address cannot be subscribed. 2012) ("[The plaintiffs claim for intentional infliction of emotional distress] will be dismissed because it can only be viewed as a negligence claim for which the exclusive remedy for the Plaintiffs is under the [Defense Base Act]."). 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. The district court also rejected Carter's efforts to sidestep the first-to-file rule through amendment. Our reading respects the statutory text underlying the first-to-file rule. at 60); United States ex rel. To define "employer" under the Act, courts have turned to the Longshore and Harbor Workers Compensation Act's definition: "an employer any of whose employees are employed in maritime employment, in whole or in part, upon the navigable waters of the United States." 3730(b)(5). The Federal Tort Claims Act waives sovereign immunity for certain tort claims against the federal government, but it contains several exceptions to that waiver. Having discussed how this Court decides whether the first-to-file rule has been violated, we now turn to analyzing the sanction for a first-to-file violation. 10-CV-5645, 2017 WL 1233991, at *10 (S.D.N.Y. KBR had the authority to supervise and evacuate the Service Employees International, Inc. employees. {Kbr In Iraq} Work Values Interested in finding out if you are the type of person this company is looking for? case opinion for us 5th circuit galen barker v. halliburton company kbr kbr technical services inc service employees international inc kellogg brown root services inc kellogg brown root international inc kellogg brown root kellogg brown root inc kellogg brown root de kellogg brown root kbr inc kbr inc. read the court's full decision on findlaw. 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. P. 8(a)(2). Here, the court has few, if any, facts about the relationship between the plaintiffs and KBR. at 5960. As such, we conclude that Carter III left the above-described holding intact. See Gadbois, 809 F.3d at 46. 1. "Conversely, when the allegations in a complaint, however true, could not raise a claim of entitlement to relief, this basic deficiency should be exposed at the point of minimum expenditure of time and money by the parties and the court." Create an account and take our 2002) (citing 28 U.S.C. United States v. Dozier, 848 F.3d 180, 188 (4th Cir. Fisher , 667 F.3d at 613. 3730(b)(5). Next, Carter tries to rely on the Supreme Court's statement that it agree[s] with the Fourth Circuit that the dismissal with prejudice of [Carter's] one live claim was error. Carter III, 135 S. Ct. at 1979. Instead, we read the above-described statement as simply providing that an earlier suit bars the bringing of a later suit while the earlier suit remains undecided but ceases to bar the bringing of that suit once it is dismissed. When read in this manner, this Court's holding regarding the temporal dynamics of the first-to-file rule is left undisturbed. I write separately to emphasize the narrow scope of that conclusion. R. CIV. See In re KBR, Inc., Burn Pit Litig. 2680(j) (emphasis added). As explained above, in our original decision in this case, we reversed the district court's dismissal of the Carter Action with prejudice, and remanded with instructions to have the Carter Action dismissed without prejudice. With respect to the first basis for reconsideration, Carter claims that the 2015 Gadbois decisionwhere the First Circuit held that an FCA action's first-to-file defect can be cured by a Rule 15(d) supplement clarifying that an earlier-filed, related action that gave rise to the defect has been dismissedconstitutes an intervening change in controlling law. 3730(b)(5), and therefore violated the first-to-file rule. Rigsby, 137 S. Ct. 436, 440 (2016); 31 U.S.C. 3730(b)(2). The purpose behind the combatant-activities exceptionpreventing courts from second-guessing military decisionsdoes not require preempting torts that stem from purely private actions. In this case, the plaintiffs are suing the parent company of their employer; in Fisher , the plaintiffs sued their employer and other affiliated entities. Region Assigned: WebLaw360, New York (October 31, 2011, 9:24 PM EDT) -- A former Service Employees International Inc. operations specialist on Friday sued Service Employees and defense See La. 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. 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 2014) ; Harris v. Kellogg Brown & Root Servs., Inc. , 724 F.3d 458, 479 (3d Cir. See Heavin v. Mobil Oil Expl. Our job is to follow the text even if doing so will supposedly undercut a basic objective of the statute. Baker Botts LLP. Having concluded that the above-described decision was correct, we cannot agree with Carter's argument. Carter argued that the dismissals of the related Maryland and Texas Actions cured any first-to-file defect in the Carter Action. "); McGee , 716 F. Supp. The complaint alleges that in January 2020, Iran launched ballistic missiles at the United States Army forward operating base in Al Asad, Iraq. The lead-up to Carter's second-quoted statement confirms that the Court was only using the description live to mean not time-barred. See id. 1948) ; Burn Pit Litig. KBR did not produce a copy of the LOGCAP IV contract, and no discovery has taken place. Id. 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. Id. ). 3-1 at 1 n.1). Tex. 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. Revenue of $1.7 billion, up 18% on an ex-OAW 1 year-over-year-basis. Project, Inc. v. Lincoln Prop. Marcus Raymond Spagnoletti, State Bar Information, Eric Jonathan Rhine, Spagnoletti Law Firm, Houston, TX, for Plaintiffs. Thus, assuming for the sake of argument that Gadbois was correctly decided,8 it provides Carter no support. 2d at 710. , 744 F.3d at 348 ("We find the Third Circuit's analysis persuasive and adopt its formulation of the interest at play here."). See Petition for a Writ of Certiorari at 14, Kellogg Brown & Root Servs., Inc. v. United States ex rel. KB&RS is the operating company and contracting entity for KBRs Government and 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. Carter's appeal centered on first-to-file issues, as well as the possibility that the WSLA tolled the statute of limitations on his claims. 1442. The Ninth Circuit suggests that state tort law conflicts with the military regulation of wartime only when claims are brought by "those against whom force is directed as a result of authorized military action." 2012) ; see also 42 U.S.C. at 620. In Fisher , the Fifth Circuit addressed similar claims. & Cas. 1955 ). Region 16, Fort Worth, Texas. We have jurisdiction over this appeal pursuant to 28 U.S.C. 1-5 at 6). civ. 2d 698, 709 (S.D.N.Y. 11-00685 ack-bmk order denying defendants motion to dismiss and transferring the case to the united states district court for the southern district of texas, houston division for the following reasons, the court: (1) denies We may affirm on any ground apparent from the record before us. 2017) ). Harm in these scenarios might be the product of U.S. military decisions. Paul Papak OPINION AND We cannot support Carter's reading. Kellogg merged with Brown & Root Engineering and Construction creating one of the worlds premiere engineering, procurement, construction (EPC) and services companies. 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. KBR owns Service Employees International. See United States ex rel. 2d at 664. Satellite, Ground Systems & Space Communications, Scientific Research & Laboratory Services, Earth, Environment & Space Science Monitoring, Noise, Vibration & Fluid Dynamics Engineering, Floating Production, Storage & Offloading (FPSO) Facilities, Commercial Cloud & Mission Service Platform, Artificial Intelligence & Machine Learning. On this record, the court cannot conclude as a matter of law that KBR and Service Employees International were, or were not, under military command authority. at 1979. See United States ex rel. They sustained significant injuries. Find your next opportunity: Search for Job Title We are All In All In brings together our Inclusion and at 877. Kevin CLOYD, et al., Plaintiffs, v. KBR, INC., Defendant. WebWebsite: www.kbr.com Headquarters: Houston, TX Size: 10000+ Employees Founded: 1901 Type: Company - Public (KBR) Industry: Aerospace & Defense Revenue: $5 to $10 billion (USD) We deliver science, technology and engineering solutions to governments and companies around the world. One exception is for "[a]ny claim arising out of combatant activities of the military or naval forces, or the Coast Guard, during time of war." 2015), an intervening First Circuit decision holding that an FCA relator could cure a first-to-file defect by supplementing his or her complaintpursuant to Federal Rule of Civil Procedure 15(d)with an allegation that the earlier-filed, related actions that gave rise to the first-to-file defect had been dismissed. Burn Pit Litig. (Docket Entry No. See Carter III, 135 S. Ct. 1970. 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. 8:07-cv-1487 (D. Md. & Prod. Without more information in the record, the court cannot reliably or accurately determine whether the plaintiffs were engaged in combatant activities. Connect. Id. See Carter II, 710 F.3d at 183. 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." Programs , 461 U.S. 624, 636, 103 S.Ct. Courts also agree that, "when state tort law touches the military's battlefield conduct and decisions, it inevitably conflicts with the combatant activity exception's goal of eliminating such regulation of the military during wartime." Carter contends that the first and third bases for reconsideration are implicated in this case. , 744 F.3d at 347 (applying the Saleh test); Harris , 724 F.3d at 479 (same). Fisher v. Halliburton , 667 F.3d 602, 610 (5th Cir. at 181. 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. 2015) ("We observe that sufficient federal direction has also been found under 1442(a) when a private contractor performed maintenance on generators at an Army encampment, based on the fact that this work was done under Army supervision and that the contractor could not expand the scope of its work without authorization.") 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. no. Rule 8 "does not require detailed factual allegations, but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation." The court added that, in any event, it found Gadbois unpersuasive. Latiolais , 951 F.3d at 292. Chovanec v. Apria Healthcare Group, Inc., 606 F.3d 361, 362 (7th Cir. As such, the district court dismissed the Carter Action with prejudice. WebKBR Technical Services, Inc., Overseas Administration Services, Ltd., and Service Employees International, Inc. (collectively, the "KBR defendants"), on June 8, 2009. 2d at 710. 15), is denied. In June 2011, Carter filed a qui tam complaint against KBR in the Eastern District of Virginia. We affirm. I agree with the majority opinion's conclusion that the dismissal of all earlier-filed, related actions does not, by operation of law, lift the first-to-file bar on a later-filed action. All rights reserved. KBR, Inc. (NYSE:NYSE:KBR) Q1 2023 Earnings Conference Call May 1, 2023 8:30 AM ETCompany ParticipantsJamie DuBray - Investor RelationsStuart Bradie - President and The plaintiffs position is that the Defense Base Act does not apply because they did not have a direct employment relationship with KBR. The court reiterated its view that the date that an action is brought is dispositive in a first-to-file analysis, and concluded that the fact that the Maryland and Texas Actions were both still pending on the date the complaint in the Carter Action was filed rendered the Carter Action precluded by the first-to-file rule. 2671, several courts have applied the combatant-activities exception to government contractors. We disagree for two reasons. Therefore, Carter's proposed amendment was properly denied.7. Id. (quotation and citations omitted). UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. (Docket Entry No. Defendant Kellogg Brown & Root Services, Inc. ("KB&RS"), is a corporation organized under the laws of the State of Delaware with its principal place of business in Houston, Texas. 97-CV-1408, 1999 WL 33290613, at *1 (W.D. $ 16. Johnson v. United States , 170 F.2d 767, 770 (9th Cir. 1441(a) ). KBR's motion to dismiss, (Docket Entry No. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. (Docket Entry No. Subsequently, Carter requested reconsideration of the district court's ruling pursuant to Federal Rule of Civil Procedure 59(e). $ 83. Co., 853 F.3d 80, 8586 (2d Cir. 1442(a)(1), to remove an action, even if the plaintiff's complaint raises no federal question, so long as the officer asserts a "colorable federal defense," Latiolais , 951 F.3d at 291. Off. 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. 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. Fisher v. Halliburton , 703 F. Supp. WebInc. III purposes." In particular, the majority opinion finds that the district court did not reversibly err in denying Relator leave to amend solely on grounds that his proposed amendment did not address any matters potentially relevant to the first-to-file rule, such as the dismissals of the [earlier-filed, related actions]. Ante at 20. See, e.g., Walburn v. Lockheed Martin Corp., 431 F.3d 966, 972 n.5 (6th Cir. Co. v. J & J Maint., Inc. , 133 F. Supp. This test states that "[d]uring wartime, where a private service contractor is integrated into combatant activities over which the military retains command authority, a tort claim arising out of the contractor's engagement in such activities shall be preempted." KBR submitted a declaration by Michael Flanagan, the Vice President of Government Solutions at KBR, stating that the U.S. Army had "awarded" the LOGCAP IV contract to KBR. The Carter Action was not Carter's first attempt to sue KBR under the FCA. Harris , 724 F.3d at 479 ; see also Burn Pit Litig. KBR subsequently petitioned the Supreme Court for certiorari. Marcus Raymond Spagnoletti, State Bar Information, Eric Jonathan Rhine, Spagnoletti Law Firm, Houston, TX, for Plaintiffs. Finally, Carter contests the district court's denial of his Rule 59(e)-based motion for reconsideration. 2d at 702, 71213 ; maintained "electrical systems at a barracks in an active war," Harris , 724 F.3d at 481 ; performed waste-management and water treatment functions to aid military personnel in a combat area, Burn Pit Litig. , 744 F.3d at 348. "A party may remove an action from state court to federal court if the action is one over which the federal court possesses subject matter jurisdiction." Co., 560 F.3d 371, 378 (5th Cir 2009))). 2510. Co. , 920 F.3d 890, 900 (5th Cir. KBR US48242W1062 KBR, INC. (KBR) Add to my list Report Summary Quotes Charts Ratings Company Financials Consensus Revisions Funds Transcript : KBR, Inc., Q1 2023 Earnings Call, May 01, 2023 05/01/2023 | 08:30am EDT Good morning, ladies and gentlemen. Corporate Governance KBR's La. 2012). This Court reviews a dismissal for lack of subject matter jurisdiction and questions of statutory interpretation de novo. Carson, 851 F.3d at 302. Copyright 2023, Thomson Reuters. Id. Make your practice more effective and efficient with Casetexts legal research suite. WebKBR holds all leaders and employees to the highest standards of business and personal integrity, abiding by the strictest ethical and legal standards. Lee H. Rosenthal, Chief United States District Judge. Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. Saleh , 580 F.3d at 7. They made an honest effort to make sure their employees Transcript : KBR, Inc., Q1 2023 Earnings Call, May 01, 2023. We disagree. The plaintiffs ask the court to remand to state court; the defendant asks the court to dismiss the claims. Adjusted free cash flows1. P. 12(b)(6). 1-1 at 5.2, 5.39). The term "suggests that [the combatant-activities] immunity is quite broad." Workers Comp. Rule 59(e) motions can be successful in only three situations: (1) to accommodate an intervening change in controlling law; (2) to account for new evidence not available at trial; or (3) to correct a clear error of law or prevent manifest injustice. Zinkand v. Brown, 478 F.3d 634, 637 (4th Cir. Discovery on these defenses will close on August 27, 2021.

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