4th Circ. Revives Burn-Pit Suits Against KBR, Halliburton

Law360, New York (March 6, 2014, 5:38 PM EST) -- KBR Inc. and Halliburton Co. may not automatically be immune from multidistrict litigation accusing them of exposing U.S. military personnel to toxic fumes in Iraq and Afghanistan, the Fourth Circuit ruled on Thursday, finding there wasn't enough evidence to conclude the defense contractors had acted within the bounds of their contract.

In a published opinion, the three-judge appellate panel ruled that the district court had erred in dismissing 57 consolidated suits accusing KBR and Halliburton of operating allegedly unsafe waste disposal "burn pits," sending the suits back to Maryland federal court for further examination.

"At this point in the litigation, the...

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