Finally, KBR meets the fourth prong, showing that the plaintiffs claims are "alternatively connected or associated" with "acts under color of federal office." at 5.38, 5.39). O'Keeffe v. Pan Am. 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. Discovery on these defenses will close on August 27, 2021. UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. at 5.2). 3730(b)(2). 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. (Docket Entry No. 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." 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. Harris , 724 F.3d at 480. We agreed with the district court 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. Id. Under the employment agreement, Rogers agreed to submit any claims to arbitration in accordance with the Halliburton Dispute Resolution Program 3730(d). Accordingly, the court denied Carter's motion for amendment on futility grounds. The Defense Base Act "includes a provision making an employer's liability under the workers compensation scheme exclusive." We disagree. Beauchamp v. Academi Training Ctr., 816 F.3d 37, 39 (4th Cir. Webkbr, inc. and services employees international, inc., defendants.))))) 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." The record also shows that KBR's ability to control any civilian personnel, including the plaintiffs, was subject to the U.S. military's control over the Al Asad base, a forward operating base in Iraq. United Bus. The Court has consistently urged courts to avoid "a narrow, grudging interpretation of 1442(a)(1)." KBR did not clarify the relationship among KBR, Service Employees International, and the LOGCAP IV contract. We likewise review a denial of a motion for reconsideration under the deferential abuse of discretion standard. The subject matter underlying this case involves Appellees'Halliburton Company; KBR, Inc.; Kellogg Brown & Root Services, Inc.; and Service Employees International, Inc. (collectively KBR)alleged fraudulent billing of the United States for services provided to the military forces serving in Iraq. (Docket Entry No. WebKBR holds all leaders and employees to the highest standards of business and personal integrity, abiding by the strictest ethical and legal standards. We then addressed the first-to-file rule. With this understanding in mind, we reiterate the conclusion of our initial decision in this case. 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."). The We have previously held otherwise, see Carson, 851 F.3d at 303, and we do not attempt to revisit this Circuit's rule here. 2010) ("Because the basis for many of these defenses is a respect for the interests of the Government in military matters, district courts should take care to develop and resolve such defenses at an early stage while avoiding, to the extent possible, any interference with military prerogatives. SEI is an employment company that hires employees who perform work abroad under contracts awarded by various clients to KBR-related companies. I received a letter listing my income Ask an Expert Tax Questions I work in Iraq for KBR and KBR To withstand a Rule 12(b)(6) motion, a complaint must include "more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." WebService Employees International, Inc. (SEII) through KBR to work as an electrician in Afghanistan. The Fifth Circuit has held that this definition has four elements: "[t]here must be (1) be a willful act; (2) by a third person; (3) directed against the employee because of his employment; (4) that causes the employee's injury." Without the contract or other information in the record, the court cannot reliably or accurately determine what kind of work Service Employees International performed at the Al Asad base, much less the level of discretion KBR had over that work. Stay up-to-date with how the law affects your life. 1990) ; Oilfield Safety & Machine Specs., Inc. v. Harman Unlimited, Inc. , 625 F.2d 1248, 1256 (5th Cir. Army."). Co., 853 F.3d 80, 8586 (2d Cir. Such notice is already principally provided by first-filed actions. Carter urges that the Supreme Court's decision to describe one of Carter's claims as live was a manner of signaling that that claim is unaffected by the first-to-file rule. Fisher , 667 F.3d at 613. Placing profits over the safety of these individuals and contractors, KBR failed to evacuate them. 2510, 101 L.Ed.2d 442 (1988), to determine whether a Federal Tort Claims Act exception preempts state law. Harris , 724 F.3d at 481. Feb. 8, 1999). (Lowes Aff. WebSERVICE EMPLOYEES INTERNATIONAL, INCORPORATED and INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA Employer/Carrier- Respondents Associates, Inc., 380 U.S. 359 (1965). Based on the pleadings, the record, and the applicable law, the court finds no basis to remand, and denies the motion to dismiss. This arrangement, Carter contends, conflicts with the Supreme Court's apparent policy preference for interpretations of the FCA that facilitate government recoveries. About KBR KBR is a global engineering, construction and services company supporting the energy, hydrocarbons, power, industrial, civil infrastructure, minerals, Tex. See Fisher , 667 F.3d at 610 ; see also Garcia v. Amfels, Inc. , 254 F.3d 585, 588 (5th Cir. KBR also meets the second prong, which is liberally construed. Id. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Lee H. Rosenthal, Chief United States District Judge. Carter v. Halliburton Co. (Carter IV), 612 F. App'x 180 (4th Cir. (Docket Entry No. Id. The first-to-file rule's statutory text, as explained above, plainly bars the bringing of actions while related actions are pending, and affords courts no flexibility to accommodate an improperly-filed action when its earlier-filed counterpart ceases to be pending. "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." 6. KBR has also been awarded 15 Logistics Civil Augmentation Program ( LOGCAP) task orders worth more than $216 million for work under Operation Enduring Freedom, the military name for operations in Afghanistan. These include establishing base camps at Kandahar and Bagram Air Base and training foreign troops from the Republic of Georgia. Va. 2016) (arguing that Gadbois conflicts with the first-to-file rule's purpose of foreclosing duplicative qui tam actions). Burn Pit Litig. 3730(b)(5). Fisher , 703 F. Supp. 2014), which held that even when [a] District Court lacks jurisdiction over a claim at the time of its original filing, a supplemental complaint may cure the defect by alleging the subsequent fact which eliminates the jurisdictional bar. Rather than resolving those questions, the majority opinion simply holds that a proposed amendment or supplement to a complaint cannot cure a first-to-file defect when the amendment or supplement does not reference the dismissal of publicly disclosed, earlier-filed related actions. Transcript : KBR, Inc., Q1 2023 Earnings Call, May 01, 2023. 1651(c) ); see also Flying Tiger Lines, Inc. v. Landy , 370 F.2d 46, 52 (9th Cir. The majority opinion further concludes that the district court did not abuse its discretion in denying Relator leave to amend. See Martin v. Halliburton , 618 F.3d 476, 488 (5th Cir. 3730(a), as well as through civil actionsknown as qui tam actionsthat are filed by private partiesknown as relatorsin the name of the Government, 31 U.S.C. , 744 F.3d at 351 ("We agree with the Johnson court's reasoning and adopt its test here."). The district court also rejected Carter's efforts to sidestep the first-to-file rule through amendment. at 183. 2d at 714 ("Any renovation activities required approval from the [the military] before they could be performed."). P. 8(a)(2). at 1979. Aiello , 751 F. Supp. The company's corporate offices are in the KBR Tower in Downtown Houston. The company also has large offices in Arlington, Virginia, Birmingham, Alabama, and Newark, Delaware, in the United States and Leatherhead in the UK. 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. The court added that, in any event, it found Gadbois unpersuasive. & Cas. Mar. Carter v. Halliburton Co. (Carter II), 710 F.3d 171, 17476 (4th Cir. Presumably, the Supreme Court was aware of this textual detail in making the pronouncements that it did in Carter III. (Id. III purposes." 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. Because we need not do so, we decline to comment on the other reasons the district court identified as justifying its rejection of Carter's effort to circumvent dismissal through amendment. Duprey, No. 1964). 2002). filed June 5, 2007) (the Maryland Action), and a sealed action filed in Texas in 2007 (the Texas Action). Franks v. Ross, 313 F.3d 184, 198 n.15 (4th Cir. Thus, we reversed the district court's holding that the claims in the Carter Action were time-barred. Courts apply a three-step test, derived from Boyle v. United Technologies Corp. , 487 U.S. 500, 507, 108 S.Ct. First, courts identify the "uniquely federal interests" behind the exception. {Kbr In Iraq}: You highly value a work environment built on The third prong is also met. 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. Co. v. J & J Maint., Inc. , 133 F. Supp. 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. , 744 F.3d at 348. Tex. United States ex rel. This conclusion, we add, was consistent with the conclusions of widespread, pre-Carter III circuit case law. While KBR did not directly employ the plaintiffs, it was a party to the LOGCAP IV contract. KBR removed to federal court under the federal-officer removal statute, the plaintiffs moved to remand, and KBR moved to dismiss. 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. WebBrown & Root provides engineering consulting services, including project management, operations and maintenance including: Industrial Small-Cap Construction; Installation; Maintenance; Repair; Turnaround services.

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