KBR (NYSE: KBR) announced today that the United States District Court for the District of Maryland dismissed the burn pit claims filed against the company. In his decision Judge Roger W. Titus accepted all of KBR’s defense claims including the Political Question Doctrine; the Combat Activities Exception in the Federal Tort Claims Act; and Derivative Sovereign Immunity, as well as finding that dismissing the complaints against KBR “is in the national interest.”
“The critical interests of the United States could be compromised if military contractors were left ‘holding the bag’ for claims made by military and other personnel that could not be made against the military itself,” wrote Titus. “Intrusion of the judiciary into military decision-making would not only violate separation of power principles, but also would be extremely unwise and imprudent.”
Andrew Farley, KBR’s Executive Vice President and General Counsel, said, “KBR is pleased with Judge Titus’ decision. As the decision appropriately states, ‘... plaintiffs should pursue their claims through the military and legislative processes, not through the judiciary.’ We look to the Courts to continue this positive trend in other pending cases.”
Fifty-seven lawsuits were filed against KBR throughout the United States. The lawsuits allege the company negligently operated open burn pits and water treatment facilities as part of KBR’s services to the military in Iraq and Afghanistan. These lawsuits were combined into one multi-district litigation.
KBR remains committed to providing critical logistical support services to our military and to supporting our troops.
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