KBR, Halliburton Seek To Douse Toxic Burn Pit MDL

Law360, Washington (July 16, 2012, 6:51 PM EDT) -- Government contractors KBR Inc. and Halliburton Co. told a Maryland federal judge Monday that he should toss multidistrict litigation alleging KBR exposed U.S. military personnel to toxic fumes from open-air burn pits in Iraq and Afghanistan, because military decisions fall outside the court's jurisdiction.

Calling the MDL an “unprecedented intrusion of state police powers on the battlefield,” KBR claimed that since its open-air burn pits operations at military bases in theater were the result of military decisions, the contractor cannot be prosecuted in federal courts due...
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