Had it waited just a couple more days, defense contractor KBR Inc. might have gotten off completely without agreeing to pay anything.

 

Sued by the families of seven former employees, KBR faced multiple lawsuits claiming the company sent civilians into a battle zone in Iraq on April 9, 2004, knowing that there was an increased chance that they could be attacked and possibly killed because that day marked the first anniversary of the U.S. occupation of Baghdad. KBR decided to send out fuel tanker convoys anyway. The convoys were in fact attacked, and seven KBR drivers were killed and at least ten others were injured.

 

The company decided on January 10 to settle one of the cases, that involving convoy driver Reginald Cecil Lane and incorporating a confidential agreement.

 

With six lawsuits remaining, KBR appeared ready to settle with the families of other drivers, all of whom were killed.

 

But then on January 12, the Fifth Circuit Court of Appeals in New Orleans ruled the drivers’ claims were blocked by the 1941 Defense Base Act, which shields military contractors from lawsuits.

 

The lead attorney for the six plaintiffs said his clients are considering an appeal to the U.S. Supreme Court.

-Noel Brinkerhoff

 

KBR Settles Lawsuit Brought by Driver Injured in Iraq Convoy (by Margaret Cronin Fisk and Laurel Brubaker Calkins, Bloomberg)

KBR Won’t Face Trial in Convoy Driver Deaths, Court Rules (by Laurel Brubaker Calkins and Margaret Cronin Fisk, Bloomberg)

Thoughts on KBR's Settlement of Iraq Convoy Driver Lawsuit (by Neil Gordon, Project on Government Oversight)