US Supreme Court Denies Certiorari in Military Contractor Cases

The US Supreme Court has refused to intervene in three appeals filed by military contractor KBR, Inc. that aimed to dismiss lawsuits over the electrocution of a soldier in Iraq, exposure to open-air burn pits, and dangerous chemicals in wastewater treatment. These lawsuits stem from KBR's provision of basic services to soldiers during the Iraq war, including sub-standard electrical work and hazardous waste disposal practices. The cases now proceed in lower courts, where plaintiffs will seek to hold KBR accountable for its alleged wrongdoing.

Key Takeaways:

  • The US Supreme Court has denied certiorari in three appeals filed by KBR, Inc. to dismiss lawsuits related to soldier electrocution, burn pit exposure, and chemical exposure.
  • One of the lawsuits, Kellogg Brown & Root Services v. Harris, alleges that KBR's sub-standard electrical work led to the electrocution of a 24-year-old Green Beret in 2008.
  • Internal military documents reveal concern among senior Pentagon officials over the electrical work in Iraqi-built structures used by US troops.
  • The plaintiffs in the second lawsuit, KBR, Inc. et. al. v. Metzgar, allege that KBR and Halliburton suppliers are liable for the harmful effects of burn pits used for waste disposal.
  • The third lawsuit, KBR, Inc. et. al. v. McManaway, involves soldiers from the US and UK claiming exposure to a potentially hazardous chemical, sodium dichromate, at the Qarmat Ali water treatment facility in Iraq.
  • The contractors maintaining they should not be liable for damages because they were operating in war zones as an extension of the military.
  • Following the Iraq war, there is growing awareness of the legal challenges surrounding military contractors, particularly in regards to human rights violations.
  • In October, the UN Working Group on the use of mercenaries urged better regulation of private military and security companies (PMSCs) and pressed governments to hold contractors accountable for international human rights abuses.

Statistics:

  • 58 consolidated lawsuits filed against KBR and Halliburton over burn pit exposure.
  • One lawsuit claims that the 2008 electrocution of a 24-year-old Green Beret was caused by KBR's sub-standard electrical work.
  • Four former Blackwater security guards were convicted of involuntary manslaughter in 2011 for their role in the 2007 Baghdad shooting incident.
  • 14 Iraqis were killed and 17 wounded in the 2007 Baghdad shooting incident involving Blackwater contractors.
  • Blackwater agreed to settle federal criminal charges over export and firearm violations in 2012.
  • Blackwater reached a confidential settlement with survivors and families of victims in the 2007 Baghdad shooting incident in 2012.

Sources:

  • [CNN report]
  • [Reuters report]
  • JURIST report
  • Legal Monitor Worldwide
  • Syndigate Media Inc. (Syndigate.info)