ILNews

Judge dismisses soldiers' toxic exposure suit

Jennifer Nelson
February 26, 2010
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A federal judge has dismissed for lack of personal jurisdiction a suit brought by soldiers who were exposed while in Iraq to a toxic chemical known to increase the risk of developing cancer.

Members of the Indiana National Guard sued Texas contractors for whom the soldiers provided security at a water treatment facility in Iraq in 2003. The soldiers claimed the contractors knew the site was heavily contaminated with sodium dichromate, a toxic chemical that may increase the risk of cancer or other life-threatening illnesses.

Sixteen members filed the suit against KBR, Inc. and other contractors in December 2008, which grew to 47 plaintiffs.

The soldiers claimed they were repeatedly told by the company there was no danger on the site while they worked there, and that their bloody noses and skin lesions were a result of the dry desert air. The contaminated site was shut down in September 2003.

Using the "effects test," first articulated in Calder v. Jones, 465 U.S. 783 (1984), to determine whether the federal court has personal jurisdiction over the suit, Chief Judge Richard Young of the U.S. District Court's Southern District decided to grant the contractors' motion to dismiss the plaintiffs' third amended complaint, Mark McManaway, et al. v. KBR, Inc., et al., No. 3:08-CV-186.

The plaintiffs argued the contractors' tortious actions were aimed at Indiana because they knew that the soldiers would return to Indiana after being exposed to the chemical. But the soldiers didn't establish that KBR and the other contractors knew the soldiers intended to return to Indiana after leaving Iraq, and some of the plaintiffs are now living in other states, wrote the judge. In addition, the injury occurred in Iraq when the soldiers were exposed to the chemical. While the effects of that injury may be felt in Indiana, the tort does not relocate from Iraq to Indiana, Chief Judge Young continued.

The chief judge also found the contractors' contacts with Indiana weren't sufficient to allow the court to exercise general jurisdiction over them. As such, he granted the defendants' motion to dismiss for lack of personal jurisdiction. The contractors' two previously filed motions to dismiss for lack of personal jurisdiction based on the original and second amended complaints were denied as moot.

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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