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Sunday, January 11, 2015

US Supreme Court Set to Conference Burn Pit Case

The US Supreme is scheduled to conference the burn pit litigation case pending against KBR and others for alleged negligence in operating burn pits in Iraq and Afghanistan. Thousands of US military and civilian employee claim medical injuries following from the exposures to dust and fumes and other pollution caused by their operation. 

The Petition for review, filed by KBR, will be conferenced by the Court in private session on January 16, 2015. 

The following is an issue analysis shared from

13-1241 KBR, Incorporated v. Metzgar

(1) Whether the political question doctrine bars state-law tort claims against a battlefield support contractor operating in an active war zone when adjudication of those claims would necessarily require examining sensitive military judgments;

(2) whether the Federal Tort Claim Act's “combatant-activities exception,” 28 U.S.C. § 2680(j), preempts state-law tort claims against a battlefield support contractor that arise out of the U.S. military's combatant activities in a theater of combat; and

(3) whether the doctrine of derivative sovereign immunity bars state-law tort claims against a private contractor performing delegated public functions where the government would be immune from suit if it performed the same functions.

CVSG: 12/16/2014.

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  have been representing injured military, government contractors and civilian government employees and their families who have suffered illness or injury as a result of burn pit exposures. To contact Jon L Gelman click here.