New flash: The idiot at the helm–the author–recently mastered the tech skills that take him to the level of preschooler.  To celebrate, and without further delay, here is Plaintiffs’ Amended Complaint in Bixby v. KBR, the case on behalf of the Oregon National Guard soldiers exposed to sodium dichromate in Iraq in 2003.

David Sugerman

Here’s the update on Oregon National Guard soldiers case against KBR. By way of background, members of the Oregon National Guard who served in Iraq in 2003 were exposed to sodium dichromate while protecting KBR employees at the Qarmat Ali water treatment plant. We filed the case this summer.

It has grown. We filed an amended complaint a few weeks ago. I’m still having problems with uploads, so I can’t seem to get the pdf to load. Apologies. Once we get the bugs ironed out, I’ll update.

For those tracking this case, it’s Bixby, et al v. KBR, U.S. District Court Case No.  3:09-CV-632-PK (D. Or.)  The other update is that the KBR defendants have filed a motion to dismiss for lack of personal jurisdiction.

Jurisdiction is one of those dry but important issues.  KBR believes that it should not have to defend this case in Oregon. We’ll be doing discovery over the coming month and then responding and should have a ruling in late fall.

David Sugerman

The rush to the bottom isn’t quite over yet, as the Bush administration seems intent on passing last minute regulations to harm consumers and help big business. The range is breathtaking. It includes loosening worker safety rules, clean water standards and–here’s today’s dose of irony–easing regulations on securities.

Before the financial crash and deepening recession, it would have been easy to write this off as misguided zealots pushing through the final touches on the deregulation agenda. But after the collapse it’s just plain greed, jet-fueled by a dangerous mix of urgency and stupidity.

David Sugerman

Back on the kleptocracy, and it looks like the Chamber of Commerce is working to keep its position at the trough by threatening to go to war with the incoming Obama administration. It seems that the Chamber is concerned about how new or revised regulations that reverse the Bush-era’s kleptocracy may affect the Chamber. The Chamber, of course, opposes the rules, claiming that they will benefit plaintiffs’ trial lawyers.

Classic diversion tactic, as the Chamber fails to take responsibility for its role in the financial meltdown. In fact, the Chamber got paid handsomely to lobby against regulation.  In their rush to demonize trial lawyers, the Chamber always forgets to mention its role in lobbying for failed insurance giant, AIG. I’m going to guess that when and if the real story of the U.S. Chamber of Commerce gets told, trial lawyers will be the least of their concerns.

Meanwhile, let’s be clear about a few things. Americans of all backgrounds, ages, races, and political persuasions voted for change. The kleptocracy is over. No more feeding at the trough. It’s time to put regulations in place because taxpayers–and our children–are going to pay for your greed and the lack of oversight that got us here. It’s time that corporations paid their fair share of taxes. It’s time to make sure that juries decide product safety issues. It’s time for equal pay for the same work, regardless of race or gender. In short, the Chamber of Commerce’s time at the trough is over.

David Sugerman

Probably just coincidence, but it caused me to snicker.

Last night I was channel surfing in a vain attempt to find Oregon primary election results.  I happened upon an earnest woman who confided in me and all my fellow viewers that we really need to be concerned about global warming and foreign oil. With a knowing but concerned smile–and with chirping birds in the background–she faced the camera and explained that we need nuclear power now more than ever.

Like I say, it’s probably just coincidence. Today’s news reveals that a federal judge court upheld a $350 million dollar verdict in a class action brought on behalf of some 15,000 landowners against the nuclear industry.  They claimed that their lands were contaminated from the operations of the Rocky Flats nuclear weapons plant.  The jury agreed, awarding the aforementioned damages. The judge also added interest, increasing the $350 million verdict to about $900 million. Guess we’re going to see an appeal….

This is one of those staggering cases, in terms of size and duration. I don’t know anything about it other than what I read in the paper.

Even so, it’s easy to fill in the blanks. A nuclear waste contamination case would be profoundly expensive to pursue because of legal fees and the costs of experts. The nuclear industry would surely defend such a claim in a tough and hard-nosed fashion. For those reasons, a case like this probably could not go forward without the class action device.

I’m sure that the team representing the landowners has done an unimaginable amount of work to get to this point.  It takes an amazing level of commitment to take on a case like this and to see it through to the end. Let’s hope that the landowners see justice soon, and the legal team representing them is properly rewarded for taking on a very tough case.

And as for the brightly lit woman and her soothing dulcet tones who talks so earnestly about our nuclear power needs….Can’t help but wonder what the Rocky Flats people would say about that.

David Sugerman