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Fisher v. KBR – Fifth Circuit to Consider Jurisdiction Over Contractors in Iraq March 7, 2008

Posted by Aaron Walter in Uncategorized.
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4 comments

The sad back story of this court case has come to be known as the “Good Friday Massacre.” Friday, April 9, 2004, hundreds of insurgents attacked a KBR convoy, killing 6 civilian drivers, injuring 14, and leaving another driver still missing to this day.

To make a long story short, KBR a former subsidiary of Halliburton has been accused of knowing that this particular convoy would be attacked, but sent these civilians into the firefight in a risky attempt to pad its bill to the Department of Defense. However, the factual arguments are on hold while a bitter fight ensues concerning jurisdictional questions.

The case, titled Fisher v. Halliburton, 454 F. Supp. 2d 637 (S.D. Tex. 2005), brings up a rarer situation than most Defense Base Act cases. The plaintiff(s) here allege that the Defense Base Act does not bar a traditional tort suit in federal court because the defendant, KBR, intentially harmed the injured and deceased drivers. The plaintiff is right, and though difficult to prove, this is a common exception in most workers’ compensation schemes, including the Defense Base Act and even the state laws here in Georgia.

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