To that end, the FCA contains strict limits on its qui tam provisions, including a statutory first-to-file rule. A court reviewing a motion to dismiss under Rule 12(b)(6) may consider "(1) the facts set forth in the complaint, (2) documents attached to the complaint, and (3) matters of which judicial notice may be taken under Federal Rule of Evidence 201." 1 5 at 4- 9). The district court's judgments comport with this holding, and they are therefore. website until it is completed. To determine if an employee has multiple employers, the Fifth Circuit applies the "relative nature of the work test": Oilfield Safety , 625 F.2d at 1253 ; see also Fisher , 703 F. Supp. The court will allow limited discovery on KBR's Defense Base Act defense. "The removing party bears the burden of showing that federal jurisdiction exists and that removal was proper." Fisher , 667 F.3d at 610 (quoting Morrison-Knudsen Constr. Se., Inc. , 913 F.2d 178 (5th Cir. at 6.3). The plaintiffs allege that KBR was not a party to the LOGCAP IV contract. Courts apply a three-step test, derived from Boyle v. United Technologies Corp. , 487 U.S. 500, 507, 108 S.Ct. Additionally, the district court held that all but one of the Carter Action's claims fell outside the applicable six-year statute of limitations on civil actions. Rule 8 "does not require detailed factual allegations, but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation." The Court held that the appropriate response to a seal violation was left to the discretion of the district court, in light of Congressional silence on the issue of how to sanction a seal violation. WebKBR was created in 1998 when M.W. 2015), an intervening First Circuit decision holding that an FCA relator could cure a first-to-file defect by supplementing his or her complaintpursuant to Federal Rule of Civil Procedure 15(d)with an allegation that the earlier-filed, related actions that gave rise to the first-to-file defect had been dismissed. , 744 F.3d at 348 ; Aiello , 751 F. Supp. Without more, the court cannot conclude, as a Co. v. J & J Maint., Inc. , 133 F. Supp. 3730(b)(5). at 197879; rather, the rule only keeps later actions out of court if their earlier-filed counterparts are pending, which the Court defined to mean [r]emaining undecided, id. Carter v. Halliburton Co. (Carter I), No. We affirm. We do so in this case by holding that because the Carter Action violated the FCA's first-to-file rule in a manner not cured by subsequent developments, the action must be dismissed. For example, the Ninth Circuit's view would exclude claims stemming from "friendly fire," Harris , 724 F.3d at 480, and claims by "bystanders and allies, even in actual live-fire combat events," Aiello , 751 F. Supp. See Winters v. Diamond Shamrock Chem. KBR may file a motion for summary judgment on the Defense Base Act and combatant-activities exceptions no later than September 17, 2021. The Fifth Circuit held that the plaintiffs claims were barred under the Defense Base Act. {Kbr In Iraq}: Deliver water in tractor tank at a military base in Iraq What they like about Service Employee International,Inc. 1998) ([T]he phrase bring a civil action means to initiate a suit.). Put another way, [o]ne brings' an action by commencing suit. United States ex rel. Reading the exception to cover actions against military contractors arising out of events involving U.S. military decisions and actions prevents "second-guessing [of] military judgment." UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION. at 21 n.8a question that has divided district courts in this circuit and around the country, see United States ex rel. (citing Twombly , 550 U.S. at 556, 127 S.Ct. Carter v. Halliburton Co. (Carter VI), 315 F.R.D. Appellees Halliburton Company; Kellogg Brown & Root Services, Inc.; KBR, Inc.; and Service Employees International, Inc. (collectively, KBR), are a group of defense contractors and related entities that provided logistical services to the United States military during the armed conflict in Iraq. Beauchamp v. Academi Training Ctr., 816 F.3d 37, 39 (4th Cir. IN THE UNITED STATES DISTRICT COURT FOR THE This suggests that Congress intended to give government contractors less than the full immunity enjoyed by the government. Courts also agree that, "when state tort law touches the military's battlefield conduct and decisions, it inevitably conflicts with the combatant activity exception's goal of eliminating such regulation of the military during wartime." The declaration, however, does not make clear whether the plaintiffs and Service Employees International performed the same functions as KBR. 25-2). The purpose behind the combatant-activities exceptionpreventing courts from second-guessing military decisionsdoes not require preempting torts that stem from purely private actions. 2002). See Carson, 851 F.3d at 30203 (A belated relator who merely adds details to a previously exposed fraud does not help reduce fraud or return funds to the federal fisc, because once the government knows the essential facts of a fraudulent scheme, it has enough information to discover related frauds. (quoting United States ex rel. WebKellogg does not maintain offices or other facilities in Indiana and does not have bank accounts in Indiana. The subject matter underlying this case involves Appellees'Halliburton Company; KBR, Inc.; Kellogg Brown & Root Services, Inc.; and Service Employees International, Inc. (collectively KBR)alleged fraudulent billing of the United States for services provided to the military forces serving in Iraq. But see United States v. Medco Health Solutions, Inc., No. FindLaw's United States Fourth Circuit case and opinions.

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