The 9th Circuit Court of Appeals, stated, "Appellees’ motion to dismiss this appeal for lack of jurisdiction is granted. See Rodriguez v. Lockheed Martin Corp., No. 10-15813, 2010 WL 4925412, at *7 (9th Cir. Nov. 30, 2010)." Therefore, the trial court's ruling, permitting the matter to go forward was affirmed.
Other soldiers who were deployed to Iraq and Afghanistan have also filed a law suit claiming that KBR and Halliburton also sickened them by not following environmental guidelines snd burning toxic item in huge outdoor areas called burn pits. A lawsuit was filed alleging that KRB, Inc. (NYSE KRB) endangered the health and safety of American soldiers in Iraq and Afghanistan by exposing them to huge quantities of toxic dust, fumes and other air pollution by burning unsorted waste in vast open-air pits without any safety controls. They claim respiratory problems, sleep disorders and the early onset of cancers.
Bixby v. KBR, Inc., et al., No. 10-36000, US CTA 9th Cir., Decided December 14, 2010.