KBR’s next motion to dismiss-subject matter jurisdiction

Late Friday, KBR filed its next motion to dismiss in Bixby v. KBR, Inc., 3:09 cv 00632-PK (D. Or.). Now the KBR defendants argue that the court lacks subject matter jurisdiction. KBR raises the political question doctrine, sovereign immunity and the Federal Tort Claims Act, and combatant activities doctrine. I’m especially tickled by the political question doctrine, as it cites Marbury v. Madison and Baker v. Carr.

For those whose geekiness knows no bounds, here is a pdf version of the memorandum: 46-1 KBR memo in support of motion to dismiss subj matter jur

No one said this case would be easy. (No one was right.)

My dear friend and frequent collaborator Robert Neuberger tells me that a really good case demands a theme song. I’m sure it’s pure happenstance, but I’ve already settled on a theme song for this case.  In the words of Tom Petty, “I won’t back down.”

I Won’t Back Down

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