LANE v. HALLIBURTON

Nos. 06-20874, 06-20905 and 06-20915.

529 F.3d 548 (2008)

Reginald Cecil LANE, an individual, by and through Linda Marlene Lane, as the duly appointed Conservator/Guardian of Reginald Cecil Lane; Linda Marlene Lane, an individual, Plaintiffs-Appellants, v. HALLIBURTON, a Corporation; Kellogg Brown and Root Holdings, LLC; Kellogg Brown & Root, Inc., a Corporation and Wholly Owned Subsidiary of Halliburton and Kellogg Brown and Root Holdings, LLC; Service Employees International, Inc., a Foreign Corporation and Wholly Owned Subsidiary of Halliburton and Kellogg Brown and Root International, Inc.; DII Industries, LLC, a Wholly Owned Subsidiary of Halliburton Energy Services, Inc., a Corporation; Halliburton Energy Services, Inc., a Corporation; Brown & Root Services, a Division of Kellogg Brown and Root, Inc., a Corporation; Kellogg Brown & Root Services, Inc., a Corporation and Wholly Owned Subsidiary of Kellogg Brown and Root, Inc.; Kellogg Brown and Root International, Inc., a Corporation and a Wholly Owned Subsidiary of Kellogg Brown and Root, Inc., a Corporation; Strategic Ecomm, Inc.; Doe Defendants 1 through 10, Defendants-Appellees. Kevin Smith-Idol, Individually Plaintiff-Appellant, v. Halliburton, a Corporation; Kellogg Brown & Root, Inc., a Corporation and Wholly Owned Subsidiary of Haliburton; Service Employees International, Inc., a Foreign Corporation and Wholly Owned Subsidiary of Halliburton; Kellogg Brown & Root Services, Inc., a Subsidiary of Kellogg Brown & Root; DII Industries, LLC, the Parent Company of Kellogg Brown & Root; Kellogg Brown and Root International, Inc., the Parent Company of Service Employees International, Inc., Defendants-Appellees. Ingrid Fisher, individually and as successor in interest to decedent Steven Fisher; Kristen Fisher, individually and as successor in interest to decedent Steven Fisher; Steven Fisher, Jr., a minor, individually and as successors in interest to decedent Steven Fisher by and through next friend Ingrid Fisher; Kathleen Fisher, a minor individually and as successors in interest to decedent, Steven Fisher, by and through next friend Ingrid Fisher; Marjorie Bell-Smith, individually and as successor in interest to decedent Timothy Bell; Cha Sadie Tunstall, a minor, individually and as successor in interest to decedent Timothy Bell by and through her next friend Jacqueline Tunstall; Andrew Jackson Bradley, individually and as successor in interest to decedent William Bradley; Hollie Hulett, individually and as successor in interest to decedent Steven Hulett; Alexandria Slingerland, individually and as successor in interest to decedent Steven Hulett; Jack Slingerland, individually and as successor in interest to decedent Steven Hulett; Lois Parker, individually and as successor in interest to decedent Jeffrey Parker; Michael Brezovay; Nelson Howell; Betsy Montegue, individually and as successor in interest to decedent Jack Montegue; Jacquelyne Montegue, a minor inividually and as successor in interest to decedent Jack Montegue, by and through her next friend, Betsy Montegue; Donna Howell; Jackie Lester; Naomi Lester; William J. Peterson; Edward Sanchez, Jr.; Dana Sanchez; Calvin Keith Stanley; Raymond T. Stannard; Ricky L. Tollison; Danny R. Wood; Lisa Hulett, individually and as successor in interest to decedent Steven Hulett; April Johnson, individually and as successor in interest to decedent Tony Johnson; James Blackwood; Joann Blackwood; Nicholas T. Caffey; a minor, individually and as successor in interest to decedent Timothy Bell, by and through his next friend Karen Caffey; Timothy E. Caffey, Individually and as successor in interest to decedent Timothy Bell, Plaintiffs-Appellants, v. Halliburton, a Corporation; Kellogg Brown & Root, Inc., a Corporation and Wholly Owned Subsidiary of Halliburton and Kellogg Brown & Root Holdings, LLC; Service Employees International, Inc., a Foreign Corporation and Wholly Owned Subsidiary of Halliburton and Kellogg Brown & Root International, Inc.; Kellogg Brown & Root Services, Inc., a Corporation and a Wholly Owned Subsidiary of Kellogg Brown & Root, Inc.; DII Industries, LLC, a Wholly Owned Subsidiary of Halliburton Energy Services, Inc., a Corporation; Kellogg Brown and Root International, Inc., a Corporation and a Wholly Owned Subsidiary of Kellogg Brown & Root, Inc., a Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 28, 2008.


Attorney(s) appearing for the Case

Kenneth T. Fibich, Fibich, Hampton & Leebron, David J. Beck, David Michael Gunn (argued), Russell Stanley Post, Matthew Paul Whitley, Beck, Redden & Secrest, Houston, TX, Christina Anne Fountain, Lopez, Hodes, Restaino, Milman & Skilkos, Newport Beach, CA, for Plaintiffs-Appellants.

Tobias Anthony Cole (argued), Midani, Hinkle & Cole, LLP, Houston, TX, for Smith-Idol.

Raymond B. Biagini, Herbert L. Fenster (argued), Lawrence Steven Ebner, David Kasanow, McKenna, Long & Aldridge, Washington, DC, Katie Jean Colopy, Michael L. Rice, Jones Day, Dallas, TX, James H. Hall, Jones Day, Houston, TX, for Defendants-Appellees.

Daniel Farris Crowder, Beck & Crowder, Houston, TX, for Strategic Ecomm, Inc.

Michael S. Raab, U.S. Dept. of Justice, Civ. Div., Washington, DC, for U.S., Amicus Curiae.

Katharine Ruth Latimer, Eric Gordon Lasker, Joe Gregory Hollingsworth, Spriggs & Hollingsworth, Washington, DC, for Nat. Defense Indus. Ass'n, Amicus Curiae.

Before KING, DeMOSS and SOUTHWICK, Circuit Judges.


SOUTHWICK, Circuit Judge:

This appeal consolidates three cases brought by civilian truck drivers, or their spouses and dependents (collectively "Plaintiffs"), against Halliburton, Kellogg Brown & Root, Inc., and various subsidiaries (collectively "KBR"), for injuries sustained while working for KBR in Iraq. The district court dismissed all of the Plaintiffs' claims with prejudice, holding that their cases were nonjusticiable...

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