ILNews

Indiana soldiers refile suit against contractors

Jennifer Nelson
April 5, 2010
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Members of the Indiana National Guard have refiled a toxic exposure suit against Texas contractors in a Houston federal court. The suit, originally filed in Indiana federal court in 2008, was dismissed in February for lack of personal jurisdiction.

Nearly 50 members of the Indiana National Guard sued Texas contractors for whom the soldiers provided security at a water treatment facility in Iraq in 2003. They 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.

Chief Judge Richard Young of the U.S. District Court, Southern District of Indiana, dismissed the suit in February, finding the soldiers didn't establish that the contractors knew the soldiers intended to return to Indiana after leaving Iraq, and because the injury occurred in Iraq. He also found the contractors' contacts with Indiana weren't sufficient to allow the court to exercise general jurisdiction over them.

The suit was refiled March 31 in the U.S. District Court, Southern District of Texas. That case is McManaway, et al. v. KBR Inc., et al., No. 4:10-CV-01044.

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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

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