KBR's motion to dismiss, (Docket Entry No. Carter contends that the first and third bases for reconsideration are implicated in this case. 1991). WebSERVICE EMPLOYEES INTERNATIONAL, INCORPORATED and INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA Employer/Carrier- Respondents Associates, Inc., 380 U.S. 359 (1965). A court's lack of discretion when it comes to sanctioning first-to-file violations was underscored in a recent Supreme Court decision. 3730(b)(2). 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." Id. 11-684-RGA, 2017 WL 63006, at *12 (D. Del. The Supreme Court acknowledged, however, that Carter had raised additional arguments that, if successful, could render at least one claim of his timely on remand. 2680(j) (emphasis added). APPLICATION OF PLAINTIFF FOR AN EXTENSION OF TIME TO FILE A PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT CERTIFICATE OF SERVICE I, David S. Stone, counsel for Petitioner, certify that on this I 61h day of Hayes v. Allstate Ins. The same reasoning applies here. at 1979 (quoting Pending, Black's Law Dictionary 1314 (10th ed. At the same time, we must adhere to the statutory provisions and limitations that Congress put into place in pursuit of that goal. 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. The Ninth Circuit and D.C. While Federal Tort Claims Act exceptions do not expressly apply to private actors, 28 U.S.C. Click here to learn how to enable. Carter opposed certiorari, insisting that this Court correctly decided that the district court's jurisdictional dismissal of the case should have been without prejudice. Brief in Opposition at 17, Carter III, 135 S. Ct. 1970 (No. KBR did not produce a copy of the LOGCAP IV contract, and no discovery has taken place. This reasoning by the Supreme Court confirms that the only appropriate response for a first-to-file rule violation is dismissal. Ins. 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. 1-5 at 613). The Third and Fourth Circuits agree that the purpose of the combatant-activities exception is to "foreclose state regulation of the military's battlefield conduct and decisions." But it is unclear what these defense procedures and force-protection postures were and how they applied to the plaintiffs, to Service Employees International, or to KBR. (Docket Entry No. The subsequent dismissals of the Maryland and Texas Actions do not alter the fact that Carter brought the Carter Action while factually related litigation remained pending, and those dismissals therefore do not cure the Carter Action's first-to-file defect. Franks v. Ross, 313 F.3d 184, 198 n.15 (4th Cir. Claimant began working for employer in Iraq as a heavy truck driver in January 2005 and later became a convoy commander. Our reading respects the statutory text underlying the first-to-file rule. at 197578. See Carter II, 710 F.3d at 17781. WebThe Service Employees International Union (SEIU) is a socialist, politically powerful labor union with 2 million members in the United States, Canada, and Puerto Rico, and the largest This conclusion, we add, was consistent with the conclusions of widespread, pre-Carter III circuit case law. As such, the district court dismissed the Carter Action with prejudice. To remove under 1442(a), KBR must show that "(1) it is a person within the meaning of the statute, (2) it acted pursuant to a federal officer's directions, (3) it asserts a colorable federal defense, " and (4) there is " a causal nexus between the defendant's acts under color of federal office and the plaintiff's claims." The Supreme Court in Carter III did not reject, or even comment on, this Court's holding that a court must look at the facts as they existed when the claim was brought to determine whether an action is barred by the first-to-file bar. Carter II, 710 F.3d at 183. 1441(a) ). 2017). 3d 869, 873 (E.D. at 442444. 11-00685 ack-bmk order denying defendants motion to dismiss and transferring the case to the united states district court for the southern district of texas, houston division for the following reasons, the court: (1) denies Carter urges that the Supreme Court's decision to describe one of Carter's claims as live was a manner of signaling that that claim is unaffected by the first-to-file rule. See Carter III, 135 S. Ct. 1970. (citing Twombly , 550 U.S. at 556, 127 S.Ct. Lincoln v. Turner , 874 F.3d 833, 839 (5th Cir. 28 U.S.C. 25-2). WebService Employee International,Inc. The third prong is also met. The Fisher plaintiffs were military-contractor employees providing logistics and support services in Iraq when insurgents attacked their convoys, injuring them. Because we need not do so, we decline to comment on the other reasons the district court identified as justifying its rejection of Carter's effort to circumvent dismissal through amendment. (Id. This contention does not withstand scrutiny. See Burn Pit Litig. This Court rejected the district court's statute of limitations conclusion, reasoning that the WSLA applied to civil actions and suspended the time for filing the Carter Action. Carter v. Halliburton Co. (Carter IV), 612 F. App'x 180 (4th Cir. Make your practice more effective and efficient with Casetexts legal research suite. 2015); 31 U.S.C. We are a company of innovators, thinkers, creators, explorers, volunteers and dreamers. Revenue of $1.7 billion, up 18% on an ex-OAW 1 year-over-year-basis. Flanagan's declaration, submitted by KBR, states that the Army was responsible for establishing the "defense procedures and force protection postures" that applied to military and civilian personnel at the Al Asad base. Welcome to the KBR First Quarter 2023 Earnings Conference Call. Id. To that end, the FCA contains strict limits on its qui tam provisions, including a statutory first-to-file rule. 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. This procedure enables the government to investigate the matter, so that it may decide whether to take over the relator's action or to instead allow the relator to litigate the action in the government's place. The Third, Fourth, and D.C. If the contractor has significant discretion in the way it performs its duties, the military does not retain command authority. 2d at 664. Other courts have rejected this test as excessively narrow because it limits the combatant-activities exception to "claims stemming directly from the use of force," excluding indirect wartime harms. II. United Bus. The answer to this question turned on how a court should read the first-to-file rule's prohibition on the bringing of an FCA action while a related action is pending. 31 U.S.C. 97-CV-1408, 1999 WL 33290613, at *1 (W.D. Our innate curiosity about our surrounding world creates a work environment where all are encouraged to follow their inspiration, try new directions and work collaboratively whenever possible. The Defense Base Act is "liberally construed," Voris v. Eikel , 346 U.S. 328, 333, 74 S.Ct. 11-cv-602 (E.D. 2000) (en banc) ([B]rought and bring refer to the filing or commencement of a lawsuit, not to its continuation.); Chandler v. D.C. Dep't of Corr., 145 F.3d 1355, 1359 (D.C. Cir. Fisher , 667 F.3d at 610 (quoting Morrison-Knudsen Constr. Placing profits over the safety of these individuals and contractors, KBR failed to evacuate them. Gadbois v. PharMerica Corp., 809 F.3d 1 (1st Cir. 2d at 714 ("Any renovation activities required approval from the [the military] before they could be performed."). We follow this text today, and decline to manufacture such flexibility, even if it may raise statute of limitations problems for certain FCA relators. Financial Highlights for the Quarter Ended March 31, 2023. 2002). The district court also rejected Carter's efforts to sidestep the first-to-file rule through amendment. See Carter II, 710 F.3d at 183. Rule 12(b)(6) allows dismissal if a plaintiff fails "to state a claim upon which relief can be granted." See Carter II, 710 F.3d at 183. See S. Walk at Broadlands Homeowners Ass'n, Inc. v. OpenBand at Broadlands, LLC, 713 F.3d 175, 184 (4th Cir. 6. 1955 ). 470, 95 L.Ed. 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. WebBixby et al v. KBR, Inc. et al, No. The Supreme Court, therefore, agreed with this Court's conclusion that dismissal with prejudice of any timely aspect of the Carter Action was improper. WebDue to an expansion in the scope of the contract, KBR provided support for up to 187,900 troops across 80 sites, the company said. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Additionally, the district court held that all but one of the Carter Action's claims fell outside the applicable six-year statute of limitations on civil actions. Courts look to contract terms, Aiello , 751 F. Supp. (Docket Entry Nos. Circuit follow two different paths. 1291. (Id. KBR has also been awarded 15 Logistics Civil Augmentation Program ( LOGCAP) task orders worth more than $216 million for work under Operation Enduring Freedom, the military name for operations in Afghanistan. These include establishing base camps at Kandahar and Bagram Air Base and training foreign troops from the Republic of Georgia. Paul Papak OPINION AND My name is [indiscernible], I will be your moderator for today's call. Facts that may arise after the commencement of a relator's action, such as the dismissals of earlier-filed, related actions pending at the time the relator brought his or her action, do not factor into this analysis. 2012). Please select your preferred language. The purpose behind the combatant-activities exceptionpreventing courts from second-guessing military decisionsdoes not require preempting torts that stem from purely private actions. , 744 F.3d at 351 ("[T]he extent to which [the defendant] was integrated into the military chain of command is unclear."). Workers Comp. In workmen's compensation statutes, the phrase "arising out of" "denote[s] any causal relationship." The Defense Base Act is designed to "save the previous heavy expense of providing its contractors with insurance of such employees on the basis of tort liability and full accident insurance." 3729(a)(1). We therefore remanded this case to the district court for further proceedings. Id. 8:07-cv-1487 (D. Md. Here, the court has few, if any, facts about the relationship between the plaintiffs and KBR. , 744 F.3d at 348. Discovery on these defenses will close on August 27, 2021.
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