A consolidated lawsuit is now proceeding ahead in the US District Court against KBR, a government contractor. The lawsuit alleges that KBR, exposed American service members and private civilian contract workers to dangerous and toxic fumes from its unauthorized use of open-air surface burn pits. The exposed individuals and their families brought a lawsuit against KBR for its allegedly improper use of the burn pits and for failing to warn veterans and civilians of the hazards of being exposed.
The cases allege that prolonged exposure to the burn pits' smoke, ash and fumes that may have resulted in chronic diseases, risk of future illness and death. The lawsuit alleges that KBR burned large amounts of unsorted waste, including hazardous waste, medical waste, and human waste, at military facilities in Iraq and Afghanistan.
The cases In re KBR Inc, Burn Pit Litigation, have been consolidated, and are venued in U.S. District Court for the District of Maryland, Greenbelt Division, before Judge Roger W. Titus.
On August 10, 2015, the Court held a Case Management Conference and announced that it was permitting additional complaints to be filed now for individuals who were exposed to burn pit fumes and dust, and suffer disability and disease from the alleged exposure. A discovery plan is being crafted by the Court regarding the Jurisdictional Issues of the case for implementation over the next few months.
On September 3, 2015 the Court issued an Order scheduling a hearing on the Jurisdictional Issues for September 7 & 8, 2016. A partial discovery Order  entered by the Court concerned:
1. The scope of jurisdictional discovery;
2. Resolution of the number of military bases at issue;
3. Resolution of the Balad dispute;
4. Filing of additional complaints and declarations by plaintiffs;
5. Discovery regarding KBR’s jurisdictional defenses;
6. Scheduling an evidentiary hearing on September 7 & 8, 2016; and
7. A Supplemental Protective Order.
Furthermore, The Court entered an Order  on September 3, 2015 scheduling briefing and a hearing on December 4, 2015 concerning electronically store information (“ESI”).
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