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Schmitt & Coletta, P.C.

Veteran Attorneys Fighting For Veterans and Their Families

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Appeals Court Tosses Veterans' Lawsuits Over Burn Pits

Posted on June 21, 2018 at 1:53 PM
A three-judge panel of the 4th U.S. Circuit Court of Appeals agreed with a federal judge in , who last year threw out the lawsuits brought against KBR, a former Halliburton Corp. subsidiary. You may remember that Vice-President Dick Cheney was the CEO of Haliburton.

More than 60 lawsuits allege that KBR's practice of dumping tires, batteries, medical waste and other materials into open burn pits created harmful smoke that caused neurological problems, cancers and other health issues in more than 800 service members. The lawsuits, which were filed in multiple districts around the country and then consolidated, also alleged that at least 12 service members died from illnesses caused by the burn pits.

During arguments before the 4th Circuit last month, Susan Burke, a lawyer for the service members, argued that KBR repeatedly violated the terms of its contract with the military to handle waste disposal. She said KBR also disobeyed a military directive against burning hazardous materials.

The panel found that the military had unrestricted control over KBR so that KBR's decisions on waste management and water services were "de facto military decisions" not appropriate for judicial review.

It seems these corporations are untouchable and unaccountable.

Categories: Case Law

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95 Comments

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I couldn't possibly understand the counts and uncounts of these corporates but thanks to your post i can understand some of it. It was informative enough for my basic learning.
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Reply Rolf Henriks
9:05 PM on July 26, 2018 
Unaccountable and untouchable sounds about right. Halliburton (KBR) denied my defined benefit retirement pension, ignored plan remedies, hired one of the largest law firms in the nation, conspired with the arbitrator and defeated a 65 year old retiree.
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Reply Matthew
9:40 AM on October 12, 2018 
The information that you shared in your blog about about the Lawsuits Over Burn Pits is useful for any genre of people. Though you have focused on teenagers still adult can also take the benefit out of it.
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8:30 AM on October 15, 2018 
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12:39 PM on October 27, 2018 
I feel bad for the service members who died and those who continue to suffer because of the neglect of their employer. In this time of climate change and environmental pollution, implementing stricter laws on proper waste disposal and air pollution is more important now than ever. But it seems large corporations easily get away with unlawful acts because they have the resources and the backing of higher ups.
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