Federal Appellate Court Issues Significant Ruling in Contractor on the Battlefield Case
July 06 2009 - 4:05PM
Business Wire
The Eleventh Circuit Court of Appeals affirmed in its ruling on
Tuesday, June 30, 2009 in Carmichael vs. KBR (NYSE:KBR) that the
Political Question Doctrine bars the plaintiff�s suit alleging KBR
is responsible for civil liability related to its activities as a
contractor to the U.S. military under the Logistics Civil
Augmentation Program (�LOGCAP�) contract. The court affirmed in
this case that the military, not civilian contractors, decides and
directs the activities of contractors in battlefield situations and
the Political Question Doctrine �excludes from judicial review
those controversies which revolve around policy choices and value
determinations constitutionally committed for resolution to the
halls of Congress or the confines of the Executive Branch.� In this
case, the Eleventh Circuit held that adjudicating the plaintiff�s
claims would require re-examination and second-guessing surrounding
the conduct of a military operation during a wartime
environment.
�This ruling confirms that contractors conducting wartime
operations under the direction of the U.S. military can enjoy
significant protections from tort lawsuits arising out of
activities directed by the military,� said Andrew D. Farley, KBR
Senior Vice President and General Counsel. �Contractors facing
these types of suits now have a useful appellate court precedent
which affirms that significant tort protections exist where the
contractors are executing military directed missions.�
KBR is a global engineering, construction and services company
supporting the energy, hydrocarbon, government services and civil
infrastructure sectors. The company offers a wide range of services
through its Downstream, Government and Infrastructure, Services,
Technology, Upstream and Ventures business segments. For more
information, visit www.kbr.com.
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