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Cheryl Harris v. Kellogg Brown & Root Services

Citations: 724 F.3d 458; 2013 WL 3942391; 2013 U.S. App. LEXIS 15829Docket: 12-3204

Court: Court of Appeals for the Third Circuit; August 1, 2013; Federal Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this case, co-administrators of a deceased military service member's estate appealed against a defense contractor, KBR, alleging negligence in maintaining electrical systems in military barracks in Iraq, leading to the service member's electrocution. The appellate court examined the applicability of the political question doctrine and the combatant activities exception under the Federal Tort Claims Act (FTCA), concluding that the latter did not preempt the plaintiffs' claims. The court reversed the District Court's dismissal of the case based on nonjusticiability and preemption, remanding it for further proceedings, including a choice-of-law analysis to determine applicable state law. KBR's defenses included assumption of the risk and proximate cause, with the court permitting the assumption-of-the-risk defense to proceed. The case highlighted the complexities of jurisdiction, justiciability, and preemption in lawsuits against defense contractors. Ultimately, the court's decision allowed the case to continue, emphasizing the need for a detailed examination of the claims without overstepping into military decision-making. The outcome remained unresolved pending further proceedings in the lower court.

Legal Issues Addressed

Assumption of Risk Defense

Application: KBR's assumption-of-the-risk defense was deemed justiciable, as evidence suggested the plaintiff knowingly encountered the hazardous situation.

Reasoning: The court ruled that KBR can present this defense to a jury, as evidence suggests Maseth was aware of the risks and voluntarily exposed himself to them, especially given the availability of alternative shower options.

Combatant Activities Exception under the FTCA

Application: The court determined that the combatant activities exception under the FTCA does not preempt the plaintiffs' claims against the defense contractor.

Reasoning: The District Court ruled that the plaintiffs’ claims may be preempted under the combatant-activities exception of the Federal Tort Claims Act (FTCA), which waives the U.S. government's sovereign immunity for certain tort claims but retains immunity for claims related to combat activities of military forces.

Jurisdiction and Justiciability

Application: The court held that jurisdictional and justiciability issues must be resolved before addressing case merits, and the presence of a political question pertains to justiciability.

Reasoning: Jurisdictional and justiciability issues must be resolved before addressing case merits. The presence of a political question pertains to justiciability, while preemption is generally a merits-related issue unless complete preemption applies.

Political Question Doctrine and Defense Contractors

Application: The court concluded that defense contractor cases may involve nonjusticiable political questions if they require evaluating military decisions.

Reasoning: The plaintiffs’ claims do not inherently require the court to review military decisions. The case will be remanded for a choice-of-law analysis to ascertain which state's law applies.

Preemption of State Claims by Federal Policy

Application: The court found that state tort claims against defense contractors can be preempted by federal policy if they conflict with federal interests, but this does not apply in the current case.

Reasoning: Under the Boyle framework, the D.C. Circuit established that during wartime, a tort claim against a private service contractor involved in combat activities under military command authority is preempted.