Burn Pit Lawsuit Updates
On Feb. 8, 2012, Judge Titus issued a scheduling order setting deadlines to hear the defendants' renewed motion to dismiss. On April 4, 2011, Judge Titus heard the Motion for Clarification in the Burn Pit MDL. Judge Titus ordered the parties to meet and prepare a joint discovery plan by April 18, 2011. The parties have submitted competing discovery plans to the Court. According to a joint statement made in March 2011 before the House Armed Services Committee and Military Personnel Subcommittee, programs are in place to replace as many burn pits as possible in Afghanistan, and all burn pits serving more than 100 people have been closed in Iraq. On February 25, 2011, the defendants submitted a letter to the plaintiffs’ counsel and the Court about the sufficiency of the declarations and sought to have the Court order the plaintiffs to produce additional information. The plaintiffs disagreed with the defendants reading and filed a Motion for Clarification that the declarations they filed comply with the Court’s order. On December 10, 2010, Judge Titus issued a Memorandum Opinion to stay any discovery on the case until the Fourth Circuit Court of Appeals has made decisions on three related cases. In the order, he stated "the Court is even more convinced that the disposition of these cases will be of significant assistance in determining the appropriate duration and scope of jurisdictional discovery, if any, in these cases." On October 15, 2010, the U.S. Government Accountability Office released the Afghanistan and Iraq Report, in response to a request by Congress. It states that standards outlined in 2009 for burn pit operations have not been met in regards to the four burn pits surveyed in Iraq. Three of these four burn pits are being operated by the defense contractors in question.
On September 8, 2010, Judge Titus ruled that the lawsuits in In re KBR Inc. Burn Pit Litigation could proceed after denying the defendants' motion to dismiss for lack of subject matter jurisdiction.
Read the latest information and media coverage related to burn pit lawsuits.
If you, a family member or friend may have experienced illness, injuries or death as a result of burn pit exposure, contact Motley Rice attorney Joe Rice by email or call 1.800.768.4026.