Protective order issued in National Guard suit

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A magistrate judge has issued a protective order to preserve and maintain the confidentiality of certain documents in a lawsuit filed by members of the Indiana National Guard against a contractor working in Iraq. Magistrate Judge William G. Hussmann Jr. of the Southern District of Indiana, Evansville Division, handed down the protective order Wednesday following competing motions for protective order by the soldiers and the contractor in the case Mark McManaway, et al. v. KBR, Inc., et al., No. 3:08-CV-186.

The soldiers in the case filed a motion for a protective order Feb. 26; the contractor filed its motion on March 9. In his order on the competing motions, Magistrate Hussmann determined the protective order tendered by KBR should be put into place because its order pertains to disclosure by both parties. The magistrate noted the protective order will have no bearing on whether there are congressional investigations into the contractor's conduct.

Before designating any material as subject to the protective order, the designating party in good faith has to make a bona fide determination the materials include information which would result in disclosure of proprietary, business, technical, trade secret information, or information regarding the security and protection of operations in Iraq and/or Kuwait or other confidential research protected from disclosure under Federal Rules of Civil Procedure 26(c).

Sixteen members of the Indiana National Guard initially filed suit Dec. 3, 2008, against KBR for exposing them to a toxic chemical known to increase the risk of developing cancer. The suit claims the company downplayed and ignored the danger of site contamination of sodium dichromate at a water plant in Iraq where the soldiers worked and seeks compensation for their personal injuries and damages they currently have or will likely have in the future.


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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.