Harris , 724 F.3d at 479 ; see also Burn Pit Litig. 3730(d). 2002). 1998) ([T]he phrase bring a civil action means to initiate a suit.). , 744 F.3d at 349. Thus, assuming for the sake of argument that Gadbois was correctly decided,8 it provides Carter no support. The Supreme Court acknowledged, however, that Carter had raised additional arguments that, if successful, could render at least one claim of his timely on remand. The plaintiffs ask the court to remand to state court; the defendant asks the court to dismiss the claims. See Fisher , 667 F.3d at 610 ; see also Garcia v. Amfels, Inc. , 254 F.3d 585, 588 (5th Cir. 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. KBR is a signatory to the LOGCAP IV contract, (Docket Entry No. The plaintiffs claims arise from the work they performed under their employer's contract with the military and involve actions that took place on a military base. (Docket Entry No. (Docket Entry No. Id. KBR had the authority to supervise and evacuate the Service Employees International, Inc. employees. 1955 ). At the same time, we must adhere to the statutory provisions and limitations that Congress put into place in pursuit of that goal. Were proud of our company and our work, and we would be happy to tell you more about it. United Bus. We reaffirm this holding today. The Act "establishes a uniform, federal compensation scheme for civilian contractors and their employees for injuries sustained" while working abroad under a contract with the United States. Flanagan's declaration, submitted by KBR, states that the Army was responsible for establishing the "defense procedures and force protection postures" that applied to military and civilian personnel at the Al Asad base. See Carter II, 710 F.3d at 183. 3730(b)(5). On this record, the court cannot conclude as a matter of law that KBR and Service Employees International were, or were not, under military command authority. FindLaw's United States Fourth Circuit case and opinions. Finding no error in the district court's denial, we affirm. See Burn Pit Litig. Rule 59(e) motions can be successful in only three situations: (1) to accommodate an intervening change in controlling law; (2) to account for new evidence not available at trial; or (3) to correct a clear error of law or prevent manifest injustice. Zinkand v. Brown, 478 F.3d 634, 637 (4th Cir. Marcus Raymond Spagnoletti, State Bar Information, Eric Jonathan Rhine, Spagnoletti Law Firm, Houston, TX, for Plaintiffs. v. ASARCO LLC, 135 S. Ct. 2158, 2169 (2015) (internal quotation marks omitted). 2009). II. 1651(a)(4). 2015) (per curiam). See Martin v. Halliburton , 618 F.3d 476, 488 (5th Cir. Soodavar v. Unisys Corp., 178 F. Supp. 2014). WebBixby et al v. KBR, Inc. et al, No. The complaint alleges that in January 2020, Iran launched ballistic missiles at the United States Army forward operating base in Al Asad, Iraq. Our innate curiosity about our surrounding world creates a work environment where all are encouraged to follow their inspiration, try new directions and work collaboratively whenever possible. To withstand a Rule 12(b)(6) motion, a complaint must include "more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Such notice is already principally provided by first-filed actions. Accordingly, the appropriate reference point for a first-to-file analysis is the set of facts in existence at the time that the FCA action under review is commenced. Se., Inc. , 913 F.2d 178 (5th Cir. To define "employer" under the Act, courts have turned to the Longshore and Harbor Workers Compensation Act's definition: "an employer any of whose employees are employed in maritime employment, in whole or in part, upon the navigable waters of the United States."
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