Toxic Burn Pit MDL Disrespects Military, KBR Tells 4th Circ.

Law360, New York (July 3, 2013, 4:38 PM EDT) -- KBR Inc. and Halliburton Co. recently urged the Fourth Circuit not to revive multidistrict litigation alleging they exposed U.S. military personnel to toxic fumes in Iraq and Afghanistan, saying a reversal would show a "lack of respect" to the executive branch by giving courts the authority to review the military's wartime decisions.

In their appellee brief filed July 1, KBR and Halliburton said the 57 cases challenging the use of open-air burn pits for waste disposal at military bases were properly dismissed for lack of jurisdiction under the political question doctrine, which holds that the judiciary lacks the expertise to rule...

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