A revised Case Management Order (CMO) has been entered by the Court in the Burn Pit Lawsuit. The amended CMO directs the parties to exchange information so that the Court may make a determination as to whether it has jurisdiction to hear the case against Kellogg Brown & Root (KBR) for alleged negligence involving Iraq and Afghanistan burn pit sites.
The Court has directed that KBR and the United States Government identify what bases KBR was involved with in Iraq and Afghanistan. Testimony, written and electronic documentary evidence, and photographs will be reviewed to determine the level and extent of KBR's roll, if any, in the operation of the burn pits in Iraq and Afghanistan.
The cases have been brought by: veterans, private military contractor employees and civilian government employees, who were exposed in Iraq and Afghanistan. The action is against KBR for damages "caused [by] harm through the negligent use of burn pits and improper water treatment."
The case is a consolidated Multidistrict Ligation (MDL) matter that consists of multiple individual cases. KBR was hired by the United States to provide logistical support for the military during the Iraq and Afghanistan conflicts.
The Court has directed that the exchange of information focus only on:
"1. The degree to which the military controlled KBR's performance of the contracts, and
2. The degree to which KBR was integrated into the military command."
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, and improper water treatment, 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 case, In re KBR Inc, Burn Pit Litigation, is a consolidated action, and is venued in U.S. District Court for the District of Maryland, Greenbelt Division, before Judge Roger W. Titus.
The Court has scheduled an evidentiary hearing on September 7 and 8, 2016.