Around here, we define the future. We are a company of innovators, thinkers, creators, explorers, volunteers and dreamers. But we all share one goal: to improve the world responsibly and safely. Together, KBR employees are pushing industries and organizations forward, from our headquarters in Houston, Texas, to Earths orbit and beyond. The plaintiffs allege that they were employed by Service Employees International and worked at the Al Asad base, but without further information. 31 U.S.C. In Rigsby, the Supreme Court considered whether a violation of the FCA provision mandating that relators file their complaints under seal could only be sanctioned with dismissal. (Docket Entry No. This reasoning by the Supreme Court confirms that the only appropriate response for a first-to-file rule violation is dismissal. Facts that may arise after the commencement of a relator's action, such as the dismissals of earlier-filed, related actions pending at the time the relator brought his or her action, do not factor into this analysis. KBR is a signatory to the LOGCAP IV contract, (Docket Entry No. He, too, did not question this Court's decision to conduct its first-to-file analysis based on the facts in existence at the time that the Carter Action was brought.4. (Docket Entry Nos. I write separately to emphasize the narrow scope of that conclusion. 2013) ; Aiello v. Kellogg, Brown & Root Servs., Inc. , 751 F. Supp. at 5.2). Our reading respects the statutory text underlying the first-to-file rule. 2510. KBR subsequently petitioned the Supreme Court for certiorari. 3730(b)(5)). See Ruppel v. CBS Corp. , 701 F.3d 1176, 1181 (7th Cir. The plaintiffs sued KBR in Texas state court for negligence and gross negligence, alleging that KBR was "aware of the heightened risk of a strike in the face of escalating regional violence," but "left [the] Plaintiffs and the other employees of Service Employees International at the base, in direct risk of substantial harm." 2d at 710. Service Employees International performed services for the U.S. Army under the Logistics Civil Augmentation Program (LOGCAP) IV contract. With respect to the first basis for reconsideration, Carter claims that the 2015 Gadbois decisionwhere the First Circuit held that an FCA action's first-to-file defect can be cured by a Rule 15(d) supplement clarifying that an earlier-filed, related action that gave rise to the defect has been dismissedconstitutes an intervening change in controlling law. at 197578. (Docket Entry 1-1 at 5.39). The Carter Action was not Carter's first attempt to sue KBR under the FCA. Welcome to the KBR First Quarter 2023 Earnings Conference Call. at 21 n.8a question that has divided district courts in this circuit and around the country, see United States ex rel. WebHighly supportive work environment. "The removing party bears the burden of showing that federal jurisdiction exists and that removal was proper." Carter v. Halliburton Co. (Carter VI), 315 F.R.D. The plaintiffs allege that KBR supervised the Service Employees International employees working under the LOGCAP IV contract. See Carter II, 710 F.3d at 183. Simply put, Carter was ineligible for relief on a motion for reconsideration, and thus the district court did not err in denying him such relief. Good morning, ladies and gentlemen. Appellees Halliburton Company; Kellogg Brown & Root Services, Inc.; KBR, Inc.; and Service Employees International, Inc. (collectively, KBR), are a group of defense contractors and related entities that provided logistical services to the United States military during the armed conflict in Iraq. Click here to learn how to enable. Good morning, ladies and gentlemen. (quotation and citations omitted). v. ASARCO LLC, 135 S. Ct. 2158, 2169 (2015) (internal quotation marks omitted). 3730(b)(5). $ 83. The email address cannot be subscribed. The Fifth Circuit construes the statute in favor of remand and construes ambiguities against the removing party. For support, Carter cited United States ex rel. 88, 98 L.Ed. The record also shows that KBR's ability to control any civilian personnel, including the plaintiffs, was subject to the U.S. military's control over the Al Asad base, a forward operating base in Iraq. The plaintiffs ask the court to remand to state court; the defendant asks the court to dismiss the claims. 3730(b)(5). Off. WebDaily Duties at Service Employee International,Inc. Id. (Docket Entry No. Because the Maryland Action was pending on the date the Carter Action was brought, the Carter Action ran afoul of the district court's understanding of the first-to-file rule.3. Id. We acknowledged, however, that the district court's judgment was not entirely error-free, because dismissal with prejudice of the one claim Carter brought within the limitations period was not called for under the first-to-file rule. The False Claims Act (FCA) empowers private individuals acting on behalf of the government to bring civil actions against those that defraud the government. 1955 ). 1291. 2007) (alterations omitted) (quoting Twombly , 550 U.S. at 558, 127 S.Ct. Rule 12(b)(6) must be read in conjunction with Rule 8(a), which requires "a short and plain statement of the claim showing that the pleader is entitled to relief." Burn Pit Litig. 2015), an intervening First Circuit decision holding that an FCA relator could cure a first-to-file defect by supplementing his or her complaintpursuant to Federal Rule of Civil Procedure 15(d)with an allegation that the earlier-filed, related actions that gave rise to the first-to-file defect had been dismissed. 1-1 at 5.39). Although the Carter Action was brought while related FCA actionsnamely the Maryland and Texas Actionswere still pending, Carter argues that the intervening dismissals of the latter actions dictate that the dismissal of the Carter Action on first-to-file grounds was unwarranted. AFIA/CIGNA Worldwide v. Felkner , 930 F.2d 1111, 1112 (5th Cir. "To determine whether jurisdiction is present for removal," the court considers "the claims in the state court petition as they existed at the time of removal." Carter v. Halliburton Co. (the Carter Action), No. Army."). As explained above, in our original decision in this case, we reversed the district court's dismissal of the Carter Action with prejudice, and remanded with instructions to have the Carter Action dismissed without prejudice. See Latiolais , 951 F.3d at 296 ("[The government contractor] performed the refurbishment and, allegedly, the installation of asbestos pursuant to directions of the U.S. 1955 ). See Ross v. DynCorp , 362 F. Supp. Tex. 7. Kevin Cloyd, Nickalandra Witherspoon, and Lucille Andrade were employed by Service Employees International and working at the Al Asad base when the attack occurred. The D.C. Your download is being prepared. 2004); United States ex rel. The plaintiffs allege that they worked at the Al Asad base under the LOGCAP IV contract between the U.S. Army and Service Employees International. 3729(a)(1). See Gabelli v. SEC, 133 S. Ct. 1216, 1221 (2013) (describing the interests of defendants that are advanced by statutes of limitations). at 44243 (citing 31 U.S.C. 1-5 at 12). Lee H. Rosenthal, Chief United States District Judge. The plaintiffs position is that the Defense Base Act does not apply because they did not have a direct employment relationship with KBR. Accordingly, the court denied Carter's motion for amendment on futility grounds. This Court rejected the district court's statute of limitations conclusion, reasoning that the WSLA applied to civil actions and suspended the time for filing the Carter Action. 2015) (per curiam). no. An employer under the Defense Base Act is "someone whose employees are covered by the [Act]." Circuit recognized this by limiting preemption to contractor actions over which "the military retains command authority." See Burn Pit Litig. The Supreme Court concluded, [w]e therefore agree with the Fourth Circuit that the dismissal with prejudice of [Carter's] one live claim was error. Id. Transcript : KBR, Inc., Q1 2023 Earnings Call, May 01, 2023. 3-1 at 1 n.1). See Smith v. Clark/Smoot/Russell, 796 F.3d 424, 430 (4th Cir. 10). 2014), which held that even when [a] District Court lacks jurisdiction over a claim at the time of its original filing, a supplemental complaint may cure the defect by alleging the subsequent fact which eliminates the jurisdictional bar. Rather than resolving those questions, the majority opinion simply holds that a proposed amendment or supplement to a complaint cannot cure a first-to-file defect when the amendment or supplement does not reference the dismissal of publicly disclosed, earlier-filed related actions. Va. 2015). Region 16, Fort Worth, Texas. , 744 F.3d at 349. Id. Franks v. Ross, 313 F.3d 184, 198 n.15 (4th Cir. Carter's proposed amendments, however, did not address the dismissals of the Maryland and Texas Actions, but instead centered on elucidating his damages theories with information that was available prior to the filing of the Carter Action. 3730(b)(5). I agree with the majority opinion's conclusion that the dismissal of all earlier-filed, related actions does not, by operation of law, lift the first-to-file bar on a later-filed action. 2019) (quoting Twombly , 550 U.S. at 555, 127 S.Ct. Koohi v. U.S. , 976 F.2d 1328, 133637 (9th Cir.1992). The Ninth Circuit and D.C. Next, Carter tries to rely on the Supreme Court's statement that it agree[s] with the Fourth Circuit that the dismissal with prejudice of [Carter's] one live claim was error. Carter III, 135 S. Ct. at 1979. Courts have disagreed, however, about when state tort law has the potential to conflict with military decisions during wartime. In this case, back before this Court for a third time, we consider whether the first-to-file rule mandates dismissal of a relator's action that was brought while related actions were pending, even after the related actions have been dismissed and the relator's complaint has been amended, albeit without mention of the related actions. The subject matter underlying this case involves Appellees'Halliburton Company; KBR, Inc.; Kellogg Brown & Root Services, Inc.; and Service Employees International, Inc. (collectively KBR)alleged fraudulent billing of the United States for services provided to the military forces serving in Iraq. Liability under the FCA is no small matter. Va. 2016). WebKellogg does not maintain offices or other facilities in Indiana and does not have bank accounts in Indiana. 1, 3). Marcus Raymond Spagnoletti, State Bar Information, Eric Jonathan Rhine, Spagnoletti Law Firm, Houston, TX, for Plaintiffs. The combatant-activities exception "preempt[s] state or foreign regulation of federal wartime conduct." Mar. See Martin v. Halliburton , 618 F.3d 476, 488 (5th Cir. 1955 ). That text does not purport to restrict the continuation of an FCA action while a related action is pending; rather, it restricts the bring[ing] of an FCA action while a related action is pending. Carter III, 135 S. Ct. at 1979 (asking rhetorically, Why would Congress want the abandonment of an earlier suit to bar a later potentially successful suit that might result in a large recovery for the Government?). 1-5 at 4), and owns Service Employees International. {Kbr In Iraq}: You highly value a work environment built on In November 2011, the district court ruled that the Maryland Action was related to the later-filed Carter Action, and that therefore the latter action was precluded by the first-to-file rule. We disagree. 2010), rev'd on other grounds , 667 F.3d 602 (5th Cir. & Cas. As such, the district court dismissed the Carter Action with prejudice. Latiolais v. Huntington Ingalls, Inc. , 951 F.3d 286, 29091 (5th Cir. Relator's proposed amendment, however, did not reference, in any way, the first-to-file bar or the dismissal of the two earlier-filed, related actions. The denial of the motion to dismiss is without prejudice to the defendant's ability to reurge the arguments, if appropriate, in a motion for summary judgment, after discovery targeted and limited to the Defense Base Act and combatant-activity defenses. , 744 F.3d at 351. Finally, KBR meets the fourth prong, showing that the plaintiffs claims are "alternatively connected or associated" with "acts under color of federal office." 25-2). Rule 12(b)(6) allows dismissal if a plaintiff fails "to state a claim upon which relief can be granted." Va. filed June 2, 2011). See Carter II, 710 F.3d at 17781. This site requires JavaScript to be enabled in your browser. Gadbois v. PharMerica Corp., 809 F.3d 1 (1st Cir. Carter v. Halliburton Co. (Carter II), 710 F.3d 171, 17476 (4th Cir. 2d at 710. Courts also agree that, "when state tort law touches the military's battlefield conduct and decisions, it inevitably conflicts with the combatant activity exception's goal of eliminating such regulation of the military during wartime." Carter v. Halliburton Co. (Carter V), 144 F. Supp. The Defense Base Act is "liberally construed," Voris v. Eikel , 346 U.S. 328, 333, 74 S.Ct. See Heavin v. Mobil Oil Expl. Carter v. Halliburton Co. (Carter I), No. at 183. Each step is examined below. 12-1497), 2013 WL 4541112. State tort law significantly conflicts with this unique federal interest when the military has at least some control over the military contractor's allegedly tortious actions. The record is similarly lacking in information needed for the court to examine and determine what KBR did to manage the work Service Employees International's employees, including the plaintiffs, did at the base. , 744 F.3d at 348. "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." 2013). In a qui tam action under the FCA, a relator files the complaint under seal, and serves a copy of the complaint and an evidentiary disclosure on the government. We cannot support Carter's reading. See S. Walk at Broadlands Homeowners Ass'n, Inc. v. OpenBand at Broadlands, LLC, 713 F.3d 175, 184 (4th Cir. Marcus Raymond Spagnoletti, State Bar Information, Eric Jonathan Rhine, Spagnoletti Law Firm, Houston, TX, for Plaintiffs. (Docket Entry No. This contention does not withstand scrutiny. Finally, Carter contests the district court's denial of his Rule 59(e)-based motion for reconsideration. 1937 (alteration in original) (quoting Twombly , 550 U.S. at 557, 127 S.Ct. This Court fully supports the FCA's noble goal of protecting the government's funds and property against fraud. With this understanding in mind, we reiterate the conclusion of our initial decision in this case. See 31 U.S.C. We review a denial of leave to amend a complaint for abuse of discretion. 12-1497), 2013 WL 3225969. KBR highlighted other decisions suggesting that parent companies qualify as employers under the Act, but these were decisions on summary judgment motions, not motions to dismiss. (Docket Entry No. Workers Comp. Fisher , 667 F.3d at 610. & Prod. WebBixby et al v. KBR, Inc. et al, No. WebService Employees International Inc. (SEII) did a fantastic job in moving people around in Iraq, where I was contracted to work. Were we to hold that a statutorily-barred action (i.e., an action brought while a related action is pending) could be revived by an event occurring outside the FCA's limitations period (i.e., dismissal of the related action), we would be undermining an FCA defendant's interest in repose and avoiding stale claims outside the limitations period. R. CIV. In his complaint, Carter alleged that KBR had violated the FCA by fraudulently billing the government in connection with its water purification services.2. "); Aiello , 751 F. Supp. Id. We therefore remanded this case to the district court for further proceedings. The plaintiffs allege that they were working for a military contractor at an overseas military base and were injured when a foreign country attacked the base with missiles. 2010); see also Goldenberg v. Murphy, 108 U.S. 162, 163 (1883) (A suit is brought when in law it is commenced.); Harris v. Garner, 216 F.3d 970, 974 (11th Cir. Ins. Flanagan's declaration, submitted by KBR, states that the Army was responsible for establishing the "defense procedures and force protection postures" that applied to military and civilian personnel at the Al Asad base. 2d at 702, 71213 ; maintained "electrical systems at a barracks in an active war," Harris , 724 F.3d at 481 ; performed waste-management and water treatment functions to aid military personnel in a combat area, Burn Pit Litig. The plaintiffs argue that this is enough to distinguish Fisher . Finally, the court explained that neither the Wartime Suspension and Limitations Act (WSLA) nor the principle of equitable tolling could toll the statute of limitations on the Carter Action's claims. 3730(b)(5). (citing Twombly , 550 U.S. at 556, 127 S.Ct. An FCA violator may be held responsible for treble damages in addition to civil penalties. WebOther than its ultimate parent (KBR, Inc.), Service Employees International, Inc. does not have any publicly traded affiliates. Defendant Service Employees International, Inc. ("SEI"), is a corporation organized under the laws of the Cayman Islands with its principal place of business in Dubai, United Arab Emirates.
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