Oregon Guard soldiers lawsuit again war contractor KBR can go forward
By Julie Sullivan, The Oregonian
April 12, 2010, 5:57PM
An Oregon Army National Guard soldiers' lawsuit against war contractor Kellogg, Brown & Root over exposure to a cancer-causing chemical will go forward, a federal judge ruled Friday in Portland.
U.S. District Judge Magistrate Paul Papak denied KBR's motion to dismiss the case, saying the court in Oregon does have jurisdiction.
The ruling is a significant step for 21 Oregon soldiers who claim they were intentionally exposed to the chemical hexavalent chromium after the U.S. invasion of Iraq in 2003. Troops from Oregon and two other states were ordered to guard employees of the Houston-based holding company and its four subsidiaries, which were restoring oil production in southern Iraq.
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In February, a federal judge in Indianapolis dismissed a similar suit saying that the U.S. District Court for the Southern District of Indiana lacked jurisdiction over KBR. The 47 Indiana soldiers refiled their lawsuit in Houston.
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But in his 18-page opinion, Papak ruled that by using Oregon National Guardsmen -- people whose health and safety directly impact the state's treasury, "defendants purposefully injected themselves into this forum." He also said that Oregon has a clear interest in protecting the health and safety not merely of its citizens, but also of its employees, the Guardsmen.
more:
http://www.oregonlive.com/news/index.ssf/2010/04/oregon_guard_soldiers_lawsuit.html