Oregon Judge Denies KBR’s Motion to Dismiss Soldier Claims
Today Judge Paul Papak issued a memorandum opinion and order denying KBR’s motion to dismiss claims of former members of the Oregon National Guard for lack of jurisdiction.
The Court found that the intentional misrepresentation of conditions at the Qarmat Ali facility, and the hexavalent chromium contamination at that site, would constitute an intentional act, and that assertions that KBR knew that the effects of this misconduct would be felt in Oregon were sufficient to authorize suit in that state. As the Oregon judge noted, “Any person who intentionally permits a group of persons from a particular state to become seriously poisoned may quite reasonable anticipate being subjected to legal action in the victims’ state of residence.” The Court’s ruling paves the way for the Oregon guardsmen’s suit to proceed toward trial. Doyle LLP represents former national guard troops from Oregon, Indiana and West Virginia, along with soldiers from the United Kingdom, in claims against KBR arising out of their exposure to hexavalent chromium/sodium dichromate at KBR’s Qarmat Ali facility in Southern Iraq.