In Fisher , the Fifth Circuit addressed similar claims. 2d at 714 ("Any renovation activities required approval from the [the military] before they could be performed."). Because the record supports federal jurisdiction, remand is denied. at 6.3). State tort law significantly conflicts with this unique federal interest when the military has at least some control over the military contractor's allegedly tortious actions. The plaintiffs do not describe the type of work they performed at the Al Asad base. Daniel L. Russell, Jr., Pro Hac Vice, Raymond B. Biagini, Pro Hac Vice, Covington & Burling LLP, Washington, DC, Susan D. Noe Wilson, Schouest, Bamdas, Soshea & BenMaier, PLLC, Houston, TX, for Defendant. , 744 F.3d at 351 ; and supplied weapons to vessels fighting in a combat area, Koohi , 976 F.2d at 133637. The plaintiffs were working under a predecessor to the LOGCAP IV contract at issue here. "A complaint does not need detailed factual allegations, but the facts alleged must be enough to raise a right to relief above the speculative level. " Cicalese v. Univ. Kellogg has no direct employees. Burn Pit Litig. Thus, we reversed the district court's holding that the claims in the Carter Action were time-barred. Region 16, Fort Worth, Texas. at 442444. Other courts have found this too broad. Make your practice more effective and efficient with Casetexts legal research suite. See Carter III, 135 S. Ct. at 1979 (The False Claims Act's qui tam provisions present many interpretive challenges, and it is beyond our ability in this case to make them operate together smoothly like a finely tuned machine.). See United States ex rel. We have jurisdiction over this appeal pursuant to 28 U.S.C. 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. 1937, 173 L.Ed.2d 868 (2009) (quoting Twombly , 550 U.S. at 555, 127 S.Ct. The plaintiffs sued KBR in Texas state court for negligence and gross negligence, alleging that KBR was "aware of the heightened risk of a strike in the face of escalating regional violence," but "left [the] Plaintiffs and the other employees of Service Employees International at the base, in direct risk of substantial harm." 56, 59 (E.D. The district court's judgments comport with this holding, and they are therefore. 1993) ("The Defense Base Act generally entitles employees at overseas military bases to benefits of the Longshore and Harbor Workers Compensation Act[.]"). The Ninth Circuit and D.C. (Docket Entry No. WebService Employees International, Inc. (SEII) through KBR to work as an electrician in Afghanistan. About KBR KBR is a global engineering, construction and services company supporting the energy, hydrocarbons, power, industrial, civil infrastructure, minerals, Gadbois v. PharMerica Corp., 809 F.3d 1 (1st Cir. , 744 F.3d at 348 ("We find the Third Circuit's analysis persuasive and adopt its formulation of the interest at play here."). 2d 344, 347 (D.D.C. 31 U.S.C. We disagree. WebSERVICE EMPLOYEES INTERNATIONAL INC.; KBR, INC., Respondents. Service Employees International performed services for the U.S. Army under the Logistics Civil Augmentation Program (LOGCAP) IV contract. 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. at 7, 11). KBR, INC., KELLOGG, BROWN & ROOT SERVICE, INC., KBR TECHNICAL SERVICES, INC., OVERSEAS ADMINISTRATION SERVICES, LTD., and SERVICE EMPLOYEES INTERNATIONAL, INC., Defendants. 1-5 at 49). See United States ex rel. Transcript : KBR, Inc., Q1 2023 Earnings Call, May 01, 2023. See Carter II, 710 F.3d at 183. Congress could certainly have enacted a revival mechanism in the first-to-file rule statute notwithstanding repose and staleness concerns, but it has not done so, and we are not at liberty to create one. We affirm. 8:07-cv-1487 (D. Md. While Federal Tort Claims Act exceptions do not expressly apply to private actors, 28 U.S.C. at 1978. IN THE UNITED STATES DISTRICT COURT ROCKY BIXBY, APPLICATION OF PLAINTIFF FOR AN EXTENSION OF TIME TO FILE A PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT CERTIFICATE OF SERVICE I, David S. Stone, counsel for Petitioner, certify that on this I 61h day of Copyright 2023, Thomson Reuters. KBR's corporate officers guide all operations, ensuring all activity is executed responsibly. (Id. , 744 F.3d at 348 ; Aiello , 751 F. Supp. KBR holds all leaders and employees to the highest standards of business and personal integrity, abiding by the strictest ethical and legal standards. KBR may file a motion for summary judgment on the Defense Base Act and combatant-activities exceptions no later than September 17, 2021. Notably, KBR's petition never questioned this Court's holding that the first-to-file analysis depends on the set of facts in existence at the time an FCA action is filed. (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. "); McGee , 716 F. Supp. Stay up-to-date with how the law affects your life. The record is similarly lacking in information needed for the court to examine and determine what KBR did to manage the work Service Employees International's employees, including the plaintiffs, did at the base. application of plaintiff for an extension of time to file a petition for a The Fifth Circuit held that the plaintiffs claims were barred under the Defense Base Act. 1955, 167 L.Ed.2d 929 (2007). Each step is examined below. The record reveals little other information about the work the plaintiffs performed at the Al Asad base, or about what level of discretion Service Employees International had over that work. Fisher v. Halliburton , 667 F.3d 602, 610 (5th Cir. The Fisher plaintiffs were military-contractor employees providing logistics and support services in Iraq when insurgents attacked their convoys, injuring them. In June 2011, Carter filed a qui tam complaint against KBR in the Eastern District of Virginia. (Id. $ 16. Working at Service Employees International: 16 Reviews - Indeed 3730(b)(2). 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. Inclusive Cmtys. Discovery on these defenses will end August 27, 2021. Ass'n Cas. This site requires JavaScript to be enabled in your browser. This policy argument offers no basis for disregarding the first-to-file rule's unambiguous statutory text. 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. Based on the pleadings, the record, and the applicable law, the court finds no basis to remand, and denies the motion to dismiss. Latiolais , 951 F.3d at 292 (citation omitted). 2012) ("We liberally construe this term."). Instead, KBR is the parent company of Service Employees International, the plaintiffs employer. Service Employees International Union Employee Reviews - Indeed , 744 F.3d at 348 ; Aiello , 751 F. Supp. at 197879; rather, the rule only keeps later actions out of court if their earlier-filed counterparts are pending, which the Court defined to mean [r]emaining undecided, id. (Docket Entry No. at 5.29, 5.34). Courts have held that contractors were engaging in combatant activities when they managed latrines "for active military combatants on a forward operating base," Aiello , 751 F. Supp. The Third and Fourth Circuits agree that the purpose of the combatant-activities exception is to "foreclose state regulation of the military's battlefield conduct and decisions." See Carter II, 710 F.3d at 183. Three employees of a contractor working on an American military base in Iraq have sued the contractor's parent company, alleging that it is responsible for the injuries they received when Iranian ballistic missiles struck the base in January 2020. Daniel L. Russell, Jr., Pro Hac Vice, Raymond B. Biagini, Pro Hac Vice, Covington & Burling LLP, Washington, DC, Susan D. Noe Wilson, Schouest, Bamdas, Soshea & BenMaier, PLLC, Houston, TX, for Defendant. This suggests that Congress intended to give government contractors less than the full immunity enjoyed by the government. , 744 F.3d 326, 348 (4th Cir. The majority opinion further concludes that the district court did not abuse its discretion in denying Relator leave to amend. SEI is an employment company that hires employees who perform work abroad under contracts awarded by various clients to KBR-related companies. 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. 2010); see also Goldenberg v. Murphy, 108 U.S. 162, 163 (1883) (A suit is brought when in law it is commenced.); Harris v. Garner, 216 F.3d 970, 974 (11th Cir. One plaintiff, Witherspoon, submitted a Defense Base Act Claim for Compensation stating that she was a "Senior Security Officer." 2001). 11-cv-602 (E.D. The court will hear oral argument on the motion on October 27, 2021, at 10:00 a.m ., by Zoom. at 616, 617 ("We think it self-evident that driving trucks in Iraq in support of United States military operations augmented the probability that Plaintiffs would fall victim to an attack by insurgent forces, and that the character of Plaintiffs employmentproviding support services to an occupying military forceincreased the likelihood that Plaintiffs would be targeted by forces opposed to the United States presence in Iraq in 2004."). An FCA violator may be held responsible for treble damages in addition to civil penalties. 3730(b)(4). 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. The present record does not make clear what work the plaintiffs did or what services they provided at the Al Asad base. 1651(a)(4). No publicly held corporation owns 10% or more of Halliburton Companys stock. The court added that, in any event, it found Gadbois unpersuasive. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. KBR removed to federal court under the federal-officer removal statute, the plaintiffs moved to remand, and KBR moved to dismiss. Accordingly, the Supreme Court's decision in Carter III does not disturb our initial holding that the reference point for a first-to-file analysis is the set of facts in existence at the time that the action under review is commenced. 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. Today, KBR actively contributes to ongoing projects across North America, Europe, Russia and the Middle East. , 744 F.3d at 351. Webkbr, inc. and services employees international, inc., defendants.))))) Welcome to the KBR First Quarter 2023 Earnings Conference Call. 3), is denied. Va. filed June 2, 2011). Mesa v. California , 489 U.S. 121, 136, 109 S.Ct. A court reviewing a motion to dismiss under Rule 12(b)(6) may consider "(1) the facts set forth in the complaint, (2) documents attached to the complaint, and (3) matters of which judicial notice may be taken under Federal Rule of Evidence 201." 2d 698, 709 (S.D.N.Y. $ 16. Adjusted free cash flows1. 12). Ins. 1:11-cv-602, 2011 WL 6178878, at *8 (E.D. In November 2011, the district court ruled that the Maryland Action was related to the later-filed Carter Action, and that therefore the latter action was precluded by the first-to-file rule. Appellees Halliburton Company; Kellogg Brown & Root Services, Inc.; KBR, Inc.; and Service Employees International, Inc. (collectively, KBR), are a group of defense contractors and related entities that provided logistical services to the United States military during the armed conflict in Iraq. 2d at 709 (citing O'Leary v. Brown-Pacific-Maxon, Inc. , 340 U.S. 504, 507, 71 S.Ct. 1441(a) ). "); Ruppel , 701 F.3d at 1181 (" Acting under covers situations, like this one, where the federal government uses a private corporation to achieve an end it would have otherwise used its own agents to complete."). Because the Carter Action violated the first-to-file rule, and because the only remedy for such a violation is dismissal, the district court was correct to dismiss the Carter Action. at 620. The term "suggests that [the combatant-activities] immunity is quite broad." The complaint alleges that in January 2020, Iran launched ballistic missiles at the United States Army forward operating base in Al Asad, Iraq. At the same time, we must adhere to the statutory provisions and limitations that Congress put into place in pursuit of that goal. 1955 ). Jan. 5, 2017) (arguing that Gadbois failed to give sufficient weight to the plain language of the first-to-file bar) (quoting Carter VI, 315 F.R.D. KBR Wood v. Allergan, Inc., No. In this case, back before this Court for a third time, we consider whether the first-to-file rule mandates dismissal of a relator's action that was brought while related actions were pending, even after the related actions have been dismissed and the relator's complaint has been amended, albeit without mention of the related actions. 2001) ("The LHWCA is a preemption defense. WebKBR was created in 1998 when M.W. Va. 2016) (arguing that Gadbois conflicts with the first-to-file rule's purpose of foreclosing duplicative qui tam actions). Id. Beauchamp v. Academi Training Ctr., 816 F.3d 37, 39 (4th Cir. 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. Gadbois only addressed a situation where the relator sought to revise an FCA complaint with information pertaining to the related action that gave rise to the first-to-file defect. (citing McGee v. Arkel Int'l, LLC , 716 F.Supp.2d 572, 577 (S.D. Welcome to the KBR First Quarter 2023 Earnings Conference Call. The Fifth Circuit construes the statute in favor of remand and construes ambiguities against the removing party. Send us a message if you have any questions. 902(4) ; see also Fisher , 703 F. Supp. 2301, 168 L.Ed.2d 42 (2007) ; see also Latiolais , 951 F.3d at 291 ("[The contractor's] status as a person and its federal contract with the Navy satisfy the first and second conditions. Accordingly, the appropriate reference point for a first-to-file analysis is the set of facts in existence at the time that the FCA action under review is commenced. no. Navy. 3d 869, 873 (E.D. Saleh , 580 F.3d at 7. 3730(b)(5), and therefore violated the first-to-file rule. Co. , 920 F.3d 890, 900 (5th Cir. 10). Service Employees International Union - Ballotpedia 2510. See Carter III, 135 S. Ct. 1970. If a court finds that the particular action before it is barred by the first-to-file rule, the court lacks subject matter jurisdiction over the later-filed matter, and dismissal is therefore required. Harris , 724 F.3d at 482 ("The considerable discretion [the contractor] had in deciding how to complete the maintenance at issue here thus prevents the plaintiffs suit from being preempted because the military did not retain command authority over [the contractor's] actions. Id. The subsequent dismissals of the Maryland and Texas Actions do not alter the fact that Carter brought the Carter Action while factually related litigation remained pending, and those dismissals therefore do not cure the Carter Action's first-to-file defect. Fisher , 703 F. Supp. Your download is being prepared. 28 U.S.C. , 744 F.3d at 351 ("[T]he extent to which [the defendant] was integrated into the military chain of command is unclear."). See Carter II, 710 F.3d at 183. Carter appealed the dismissal of the Carter Action to this Court. The plaintiffs claims arise from the work they performed under their employer's contract with the military and involve actions that took place on a military base. Servs., Inc. , No. Do not close your browser or leave the NLRB See. See S. Walk at Broadlands Homeowners Ass'n, Inc. v. OpenBand at Broadlands, LLC, 713 F.3d 175, 184 (4th Cir. 3. 2010) (quoting Rainwater v. United States, 356 U.S. 590, 592 (1958)). Because Carter commenced the Carter Action while the Maryland and Texas Actions were still pending, he clearly br[ought] an action while factually related litigation remained pending, 31 U.S.C. 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. Carter takes issue with the policy implications of holding (i) that the first-to-file rule is violated when an FCA action is brought while a related action is pending (regardless of the eventual outcome of the latter action), and (ii) that a first-to-file violation must be sanctioned with dismissal. Id. Region Assigned: at *812 & n.11. at 5.38, 5.39). 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." To that end, the majority opinion does not address, much less adopt, the district court's reasoning that an amendment or supplement to a complaint cannot, as a matter of law, cure a first-to-file defect, id. See Gabelli v. SEC, 133 S. Ct. 1216, 1221 (2013) (describing the interests of defendants that are advanced by statutes of limitations). O'Keeffe v. Pan Am. The court will allow limited discovery on KBR's Defense Base Act defense. Courts apply a three-step test, derived from Boyle v. United Technologies Corp. , 487 U.S. 500, 507, 108 S.Ct. The district court dismissed relator Benjamin Carter's (Relator) False Claims Act complaint against Defendant Halliburton Co., and several of its subsidiaries, on grounds that at least two related actions were pending at the time Relator filed his original complaint. 3730(b)(5). Presumably, the Supreme Court was aware of this textual detail in making the pronouncements that it did in Carter III. 1-5 at 4). See La. 1955 ). The court authorizes limited discovery on KBR's Defense Base Act and combatant-activities defenses. At KBR, every action we take as a company is aligned with our mission, vision and values, which provides the framework for who we are and how we operate. 2000). See Ruppel v. CBS Corp. , 701 F.3d 1176, 1181 (7th Cir. (citation omitted). All rights reserved. 2015). The district court denied Relator leave to amend on grounds of futility, holding as a matter of law that a relator cannot cure a first-to-file defect by amending or supplementing his complaint after dismissal of all earlier-filed, related actions. 4. Koohi v. U.S. , 976 F.2d 1328, 133637 (9th Cir.1992). 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. Without more information in the record, the court cannot reliably or accurately determine whether the plaintiffs were engaged in combatant activities. 2. Id. Fisher , 667 F.3d at 613. III purposes." This Court rejected the district court's statute of limitations conclusion, reasoning that the WSLA applied to civil actions and suspended the time for filing the Carter Action. It is also unclear how much discretion KBR and Service Employees International had as to whether, when, and how to evacuate contractors working under the LOGCAP IV contract. Ashcroft v. Iqbal , 556 U.S. 662, 678, 129 S.Ct. Revenue of $1.7 billion, up 18% on an ex-OAW 1 year-over-year-basis. A federal defense is colorable "unless it is immaterial and made solely for the purpose of obtaining jurisdiction or wholly insubstantial and frivolous. " Latiolais , 951 F.3d at 296 (quoting Zeringue v. Crane Co. , 846 F.3d 785, 79394 (5th Cir. , 744 F.3d at 348. 1955 ). The court has jurisdiction under 28 U.S.C. See Rigsby, 137 S. Ct. 436. The Carter Action was not Carter's first attempt to sue KBR under the FCA. 2d at 663. KBR Technical KBR Technical is a payroll company that provides payroll services to the majority of KBR-related company employees in the United States. Co., 853 F.3d 80, 8586 (2d Cir. KBR "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." This contention does not withstand scrutiny. We follow this text today, and decline to manufacture such flexibility, even if it may raise statute of limitations problems for certain FCA relators. 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. 33 U.S.C. A relator who brings a meritorious qui tam action receives attorney's fees, court costs, and a percentage of recovered proceeds. 1 5 at 4- 9). Additionally, the district court held that all but one of the Carter Action's claims fell outside the applicable six-year statute of limitations on civil actions. The main We cannot support Carter's reading. As the Supreme Court has explained, "the raising of a federal question in the officer's removal petition constitutes the federal law under which the action against the federal officer arises for Art. The court explained that Carter's proposed amendment could not change the fact that the Carter Action was brought in violation of the first-to-file rule. Grow. Finding no error in the district court's denial, we affirm. 2000) ("The purpose of the Defense Base Act is to provide uniformity and certainty in availability of compensation for injured employees on military bases outside the United States."). (Id. Fisher , 667 F.3d at 610 (citing 42 U.S.C. Circuit suggested that the combatant-activities exception eliminates "tort from the battlefield." We clarified, however, that once a case is no longer pending the first-to-file bar does not stop a relator from filing a related case. Id. We reaffirm this holding today. The complaint alleges that Iran attacked the Al Asad base in "retaliation [for] the death of General Qassem Soleimani." SEIU Homepage - Service Employees International Union (SEIU) See In re KBR, Inc., Burn Pit Litig. Harris , 724 F.3d at 479 ; see also Burn Pit Litig. WebServices, Ltd., and Service Employees International, Inc. See Carter III, 135 S. Ct. at 1975. We disagree. 2017) (quoting Twombly , 550 U.S. at 555, 127 S.Ct. 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." WebKellogg does not maintain offices or other facilities in Indiana and does not have bank accounts in Indiana. The Supreme Court began by reversing this Court's conclusion that the WSLA's tolling provisions apply to civil actions like the Carter Action. The plaintiffs do not allege that Iran attacked them out of "personal animosity" or for "purely personal reasons." The Ninth Circuit also seemed to walk back its statement by suggesting that the combatant-activities exception would apply to plaintiffs who were not harmed by the direct use of force, such as "those who supply ammunition to fighting vessels in a combat area" and "those who supply a vessel's weapons." The Court held that the appropriate response to a seal violation was left to the discretion of the district court, in light of Congressional silence on the issue of how to sanction a seal violation. 11-684-RGA, 2017 WL 63006, at *12 (D. Del. 1998) ("We have previously held that corporate entities qualify as persons under 1442(a)(1)."). Working at KBR 1955 ). Id. See McBurney v. Young, 667 F.3d 454, 465 (4th Cir. 1955 ). KBR The Supreme Court, therefore, agreed with this Court's conclusion that dismissal with prejudice of any timely aspect of the Carter Action was improper. Under that rule, [w]hen a person brings an action under [the FCA], no person other than the Government may intervene or bring a related action based on the facts underlying the pending action. 31 U.S.C. Third, courts determine whether the "private service contractor [was] integrated into combatant activities over which the military retains command authority." website until it is completed. IN THE UNITED STATES DISTRICT COURT May 04, 2021 FOR I write separately to emphasize the narrow scope of that conclusion. With this understanding in mind, we reiterate the conclusion of our initial decision in this case. 2005) ; Carr v. Lockheed Martin Tech. 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. (Id. 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. KBR did not clarify the relationship among KBR, Service Employees International, and the LOGCAP IV contract. Please try again. The denial of the motion to dismiss is without prejudice to the defendant's ability to reurge the arguments, if appropriate, in a motion for summary judgment, after discovery targeted and limited to the Defense Base Act and combatant-activity defenses. Transcript : KBR, Inc., Q1 2023 Earnings Call, May 01, 2023 Carter then petitioned for certiorari, and the Supreme Court granted that petition. 2020). Financial Highlights for the Quarter Ended March 31, 2023. In January 2007, he visited the medical The Defense Base Act extends workers compensation coverage under the Longshore and Harbor Workers Compensation Act to "employees of American contractors engaged in construction related to military bases in foreign countries, and to foreign projects related to the national defense whether or not the project is located on a military base." 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. 3729(a)(1). Carter asserts that these holdings would compel a court, sitting after the FCA's limitations period has run, to dismiss a relator's timely FCA action brought during the pendency of a then-pending, but since-dismissed, related action, and thereby expose the relator (if he or she sought to file a new complaint) to statute of limitations problems that the relator otherwise would not face. at 181. A court's lack of discretion when it comes to sanctioning first-to-file violations was underscored in a recent Supreme Court decision. & Prod. KBR Courts use an expansive definition of "combatant activity" that includes "not only physical violence, but activities both necessary to and in direct connection with actual hostilities." Willingham v. Morgan , 395 U.S. 402, 407, 89 S.Ct. 33 U.S.C. The Defense Base Act is designed to "save the previous heavy expense of providing its contractors with insurance of such employees on the basis of tort liability and full accident insurance." Brown & Root KBR's maintenance work in Iraq has been criticized after reports of soldiers electrocuted from faulty wiring. Specifically, KBR has been charged by the Army for improper installation of electrical units in bathrooms throughout U.S. bases.
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