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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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