Tuesday, November 5, 2013

Burn Pit Litigation Appeal Heard By Court

The issue of the corporate liability of military independent contractors for the alleged non-compliant contractual actions occurring during the conflicts in Iraq and Afghanistan was debated before the US 4th Circuit Court of Appeals, in Richmond, Virginia, last week.
The Multi-District Liability [MDL] action was brought by veterans and their families who allege that the actions of military independent contractors in disposing of waste through the use of “burn pits,” and the provisioning of water, were performed in a negligent manner, causing toxic exposures, resulting in medical illnesses and deaths.

The formal issue: “Whether allegations of negligence by private party in war zone were properly dismissed under Alan Metzgar v. KBR, Incorporated "derivative sovereign immunity" defense and "combatant activities" preemption doctrine.”

Click here to hear/download the oral argument.

Alan Metzgar v. KBR, Incorporated, 13-1430 October 30, 2013.
[In re Burn Pit Litigation]
PACER document link $

The Court's decision will be announced in the future.