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One of several motions heard by Judge Papak last month in Oregon Federal Court involved yet another attempt to lash out at the attorneys who proudly represent the veterans of Qarmat Ali. A jury awarded a bellwether group of twelve of the 162 veterans a total $85.2 million in November for KBR’s misconduct in exposing the veterans to sodium dichromate. With an award of nearly $7.1 million for each veteran, KBR’s own potential financial exposure to the remaining Veterans exceeds $1 billion if the remaining verdicts remain consistent with the bellwether trial verdict. Click here to read a synopsis of that trial and verdict.

Having lost the trial in front of an Oregon jury, KBR and its counsel have continued to try and shift blame for misconduct everywhere but towards their own actions. The topic at the center of the latest legal wrangling brought on by KBR’s attorneys concerns the limited ‘gag order’, generally restricting the parties’ rights to comment to the verdict. The order was effective throughout the trial, partially lifted after the verdict, and then fully lifted on December 19, 2012.

KBR complained about a post-trial email communication featuring plaintiffs’ attorney Mike Doyle. The email contained an embedded video narrated by Doyle and referenced the jury verdict. KBR argued the video violated the limited ‘gag order’. The email was distributed by Trial Guides, a commercial publisher of various legal guides and commentaries, and a link to the video can be found here.

Judge Papak rejected KBR’s latest attacks, confirming that the “statements were clearly not in violation of the previously imposed restrictive order”, and the communication “disclosed no information material to the parties’ dispute not already in the public record.”

We are pleased with the decision regarding yet another side-show motion by a company unwilling to take responsibility for their misconduct and the life changing impacts to the Qarmat Ali Veterans.