Live in Doha–chasing KBR and Halliburton

So there are many advantages to chasing KBR witnesses around the globe. One is getting out to see new and different places. And that’s part of my mantra as I get oriented on the ground in Doha. I left Portland Friday morning our time, and traveled for about 24 hours, arriving in Doha, Qatar Saturday […]

“Does KBR have a secret get-out-of-court-free card?”

That’s the question posed in the title of this Mother Jones write up by reporter Kate Sheppard.  It’s a sharp article that focuses mostly on Rep. Earl Blumenauer’s (D. Or.)  great work asking the hard questions about the relationship between KBR and the U.S.  government. The short answer to her question is not really. At […]

Reflections: What is at stake in our Oregon vets’ claims against KBR

Today’s Oregonian includes this thoughtful editorial about what is at stake in our on-going case against KBR for Oregon National Guard Soldiers. I have to agree with the editorial board that what is at issue is more than whether and how KBR will be required to repair the damage done.  In the case, we can […]

US Army refuses to disclose KBR indemnification agreement to Rep. Blumenauer

Rep. Earl Blumenauer (D. Or.) has done his part to get to the bottom of the sad story of Oregon National Guard soldiers exposed to toxic chemicals at the KBR Qarmat Ali facility. Rep. Blumenauer previously asked the Secretary of Defense to provide information about the agreements–both for KBR and other contractors. In today’s Oregonian, […]

Judge Papak denies KBR’s Motions to Dismiss-Again

In a ground-breaking opinion issued hours ago, Magistrate Judge Paul Papak denied KBR’s motions to dismiss in Bixby v. KBR. I’ve attached a pdf copy of the opinion here: 89 – Opinion and Order For law geeks: It’s a detailed opinion addressing subject matter jurisdiction that touches on political question doctrine, derivative sovereign immunity, and […]

KBR Op-ed piece in The Oregonian: Now that’s interesting.

Yesterday, The Oregonian published this interesting piece in the Sunday opinion section. I have a number of reactions, but I think I’ll let it sit for now. My grandmother taught me the value of manners; one of her cardinal rules is that if you can’t say anything nice, don’t say anything at all. That’s not […]

Update: Bixby v. KBR-today’s story

Mike Doyle and I were in court this morning fighting off more KBR motions. The KBR defendants asked Judge Papak to prohibit us from taking discovery because–according to KBR–their motion to dismiss for lack of subject matter jurisdiction required no discovery. They also asked Judge Papak to prohibit discovery until the soldiers proved their levels […]

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 […]