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. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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