Gadbois v. PharMerica Corp., 809 F.3d 1 (1st Cir. 2510. 2012). KBR's motion to dismiss, (Docket Entry No. $ 83. Rule 59(e) motions can be successful in only three situations: (1) to accommodate an intervening change in controlling law; (2) to account for new evidence not available at trial; or (3) to correct a clear error of law or prevent manifest injustice. Zinkand v. Brown, 478 F.3d 634, 637 (4th Cir. 1990) ; Oilfield Safety & Machine Specs., Inc. v. Harman Unlimited, Inc. , 625 F.2d 1248, 1256 (5th Cir. & Prod. 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. The plaintiffs allege that KBR supervised the Service Employees International employees working under the LOGCAP IV contract. Branch , 924 F.3d 762, 765 (5th Cir. WebSERVICE EMPLOYEES INTERNATIONAL, INCORPORATED and INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA Employer/Carrier- Respondents Associates, Inc., 380 U.S. 359 (1965). FED. This site requires JavaScript to be enabled in your browser. Co. , 149 F.3d 387, 398 (5th Cir. 8. FED. Finally, KBR meets the fourth prong, showing that the plaintiffs claims are "alternatively connected or associated" with "acts under color of federal office." "); McGee , 716 F. Supp. Lincoln v. Turner , 874 F.3d 833, 839 (5th Cir. Welcome to the KBR First Quarter 2023 Earnings Conference Call. 12-1497), 2013 WL 4541112. Adjusted free cash flows1. "A party may remove an action from state court to federal court if the action is one over which the federal court possesses subject matter jurisdiction." Fisher , 667 F.3d at 610 (citing 42 U.S.C. Id. See S. Walk at Broadlands Homeowners Ass'n, Inc. v. OpenBand at Broadlands, LLC, 713 F.3d 175, 184 (4th Cir. Tex. KBR did not produce a copy of the LOGCAP IV contract, and no discovery has taken place. Marcus Raymond Spagnoletti, State Bar Information, Eric Jonathan Rhine, Spagnoletti Law Firm, Houston, TX, for Plaintiffs. website until it is completed. The plaintiffs ask the court to remand to state court; the defendant asks the court to dismiss the claims. See Latiolais , 951 F.3d at 296 ("[The government contractor] performed the refurbishment and, allegedly, the installation of asbestos pursuant to directions of the U.S. Thorough consideration should be given to limiting discovery initially to such defenses."). Latiolais , 951 F.3d at 292. 2002) (citing 28 U.S.C. Koohi v. U.S. , 976 F.2d 1328, 133637 (9th Cir.1992). Carter's proposed amendments, however, did not address the dismissals of the Maryland and Texas Actions, but instead centered on elucidating his damages theories with information that was available prior to the filing of the Carter Action. 31, 2017) (collecting cases). 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 Court then remanded this case for further proceedings. Burn Pit Litig. Id. 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. Rather than address any matters potentially relevant to the first-to-file rule, such as the dismissals of the Maryland and Texas Actions, the proposed amendment simply adds detail to Carter's damages theories.6 As such, we see no reason why that proposal would have cured the first-to-file defect in the Carter Action. 1651(c) ); see also Flying Tiger Lines, Inc. v. Landy , 370 F.2d 46, 52 (9th Cir. UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. Fisher , 667 F.3d at 610. at 21 n.8a question that has divided district courts in this circuit and around the country, see United States ex rel. Accordingly, the court denied Carter's motion for amendment on futility grounds. 33 U.S.C. Appellees Halliburton Company; Kellogg Brown & Root Services, Inc.; KBR, Inc.; and Service Employees International, Inc. (collectively, KBR), are a group of defense Under the Act, "[e]mployers relinquish[ ] their defenses to tort actions in exchange for limited and predictable liability," and "[e]mployees accept the limited recovery because they receive prompt relief without the expense, uncertainty, and delay that tort actions entail." Kevin CLOYD, et al., Plaintiffs, v. KBR, INC., Defendant. Welcome to the KBR First Quarter 2023 Earnings Conference Call. The term "suggests that [the combatant-activities] immunity is quite broad." United States v. Holland, 214 F.3d 523, 527 (4th Cir. Section 1442(a) permits "any officer of the United States or person acting under [him or her]," 28 U.S.C. KBR, Inc. (NYSE:NYSE:KBR) Q1 2023 Earnings Conference Call May 1, 2023 8:30 AM ETCompany ParticipantsJamie DuBray - Investor RelationsStuart Bradie - President and Today, KBR actively contributes to ongoing projects across North America, Europe, Russia and the Middle East. The Fifth Circuit has held that, under the Longshore and Harbor Workers Compensation Act, an employee can have multiple "employers," each of which is entitled to immunity. Around here, we define the future. We are a company of innovators, thinkers, creators, explorers, volunteers and dreamers. But we all share one goal: to improve the world responsibly and safely. Together, KBR employees are pushing industries and organizations forward, from our headquarters in Houston, Texas, to Earths orbit and beyond. Put another way, [o]ne brings' an action by commencing suit. United States ex rel. In workmen's compensation statutes, the phrase "arising out of" "denote[s] any causal relationship." Were we to hold that a statutorily-barred action (i.e., an action brought while a related action is pending) could be revived by an event occurring outside the FCA's limitations period (i.e., dismissal of the related action), we would be undermining an FCA defendant's interest in repose and avoiding stale claims outside the limitations period. In a 29-page ruling, the federal district court in Oregon considered the motion by KBR and co-defendants Overseas Administration Services, Ltd. and Service Employees International, Inc. to dismiss the suit for lack of subject-matter jurisdiction and rejected it. 2d at 714, and "the extent to which [the contractor] was integrated into the military chain of command," Burn Pit Litig. The combatant-activities exception "preempt[s] state or foreign regulation of federal wartime conduct." at 610. You will be notified when it is ready. 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. at 60); United States ex rel. With this understanding in mind, we reiterate the conclusion of our initial decision in this case. Because the record supports federal jurisdiction, remand is denied. We disagree for two reasons. Circuit recognized this by limiting preemption to contractor actions over which "the military retains command authority." The Act does not define "employer." I agree with the majority opinion's conclusion that the dismissal of all earlier-filed, related actions does not, by operation of law, lift the first-to-file bar on a later-filed action. Our job is to follow the text even if doing so will supposedly undercut a basic objective of the statute. Baker Botts LLP. We conclude that it does. Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. 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. 4. 6. The Defense Base Act "includes a provision making an employer's liability under the workers compensation scheme exclusive." The court reiterated its view that the date that an action is brought is dispositive in a first-to-file analysis, and concluded that the fact that the Maryland and Texas Actions were both still pending on the date the complaint in the Carter Action was filed rendered the Carter Action precluded by the first-to-file rule. Click here to learn how to enable. 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. 1442(a)(1), to remove an action, even if the plaintiff's complaint raises no federal question, so long as the officer asserts a "colorable federal defense," Latiolais , 951 F.3d at 291. 2d at 702, 71213 ; maintained "electrical systems at a barracks in an active war," Harris , 724 F.3d at 481 ; performed waste-management and water treatment functions to aid military personnel in a combat area, Burn Pit Litig. 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. {Kbr In Iraq}: Deliver water in tractor tank at a military base in Iraq What they like about Service Employee International,Inc. KB&RS is the operating company and contracting entity for KBRs Government and That text does not purport to restrict the continuation of an FCA action while a related action is pending; rather, it restricts the bring[ing] of an FCA action while a related action is pending. UNITED STATES BENJAMIN CARTER v. HALLIBURTON CO KELLOGG BROWN ROOT SERVICES INC SERVICE EMPLOYEES INTERNATIONAL INC KBR INC. Co., 560 F.3d 371, 378 (5th Cir 2009))). The FCA's liability scheme is enforced through civil actions filed by the government, 31 U.S.C. 31 U.S.C. 10-CV-5645, 2017 WL 1233991, at *10 (S.D.N.Y. We disagree. 1-5 at 49). Courts apply a three-step test, derived from Boyle v. United Technologies Corp. , 487 U.S. 500, 507, 108 S.Ct. 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. at 5.37, 5.38). Rigsby, 137 S. Ct. 436, 440 (2016); 31 U.S.C. 1442. Inclusive Cmtys. 3:2009cv00632 - Document 44 (D. Or. 1955 ). 2680(j). See Rigsby, 137 S. Ct. 436. v. ASARCO LLC, 135 S. Ct. 2158, 2169 (2015) (internal quotation marks omitted). To determine if an employee has multiple employers, the Fifth Circuit applies the "relative nature of the work test": Oilfield Safety , 625 F.2d at 1253 ; see also Fisher , 703 F. Supp. case opinion for us 5th circuit galen barker v. halliburton company kbr kbr technical services inc service employees international inc kellogg brown root services inc kellogg brown root international inc kellogg brown root kellogg brown root inc kellogg brown root de kellogg brown root kbr inc kbr inc. read the court's full decision on findlaw. 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."). Rule 8 "does not require detailed factual allegations, but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation." 3730(b)(1). They made an honest effort to make sure their employees See Winters v. Diamond Shamrock Chem. Courts have offered three main views. Id. (Id. 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. Carson v. Manor Care, Inc., 851 F.3d 293, 303 (4th Cir. I work in Iraq for KBR and am paid by Service Employees Int"l in Dubai, UAE. Int'l , 986 F.2d 1103, 1104 (7th Cir. World Airways, Inc. , 338 F.2d 319, 322 (5th Cir. While KBR did not directly employ the plaintiffs, it was a party to the LOGCAP IV contract. 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. {Kbr In Iraq} Work Values Interested in finding out if you are the type of person this company is looking for? On remand, this Court addressed an argument pressed by Carter that he could rely on the principle of equitable tolling to render the Carter Action timely. 1937, 173 L.Ed.2d 868 (2009) (quoting Twombly , 550 U.S. at 555, 127 S.Ct. 2010) case opinion from the District of Oregon U.S. Federal District Court 2d at 710 ; Saleh , 580 F.3d at 7. See State Farm Fire & Cas. Because, on the current record, the court cannot reliably determine whether either defense is preemptive as KBR argues, the motion to dismiss is also denied. Carter contends that the first and third bases for reconsideration are implicated in this case. "The removing party bears the burden of showing that federal jurisdiction exists and that removal was proper." One plaintiff, Witherspoon, submitted a Defense Base Act Claim for Compensation stating that she was a "Senior Security Officer." This view aligns with the exception's text, which states that the exception applies to "[a]ny claim arising out of combatant activities." 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. For a discussion of unsuccessful, pre-Carter Action suits brought by Carter against KBR, see United States ex rel. More is needed. 1441(a) ). The plaintiffs allege that they were working for a military contractor at an overseas military base and were injured when a foreign country attacked the base with missiles. Courts have had little trouble concluding that the federal government has a unique federal interest in "the management of wars." We have jurisdiction over this appeal pursuant to 28 U.S.C. The majority opinion further concludes that the district court did not abuse its discretion in denying Relator leave to amend. 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. Total preemption might, for example, preclude claims based on "contractors contractual violations," even though "the conduct underlying these violations is [independent] of the military's battlefield conduct and decisions." 3730(b)(5). 88, 98 L.Ed. To that end, the FCA contains strict limits on its qui tam provisions, including a statutory first-to-file rule. 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. 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.").
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