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Plaintiff’s attempts to circumvent the Defense Base Act in negligence cases continue March 1, 2009

Posted by Aaron Walter in Uncategorized.
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Reports of new attempts to pierce the protections afforded to employers under the Defense Base Act have been popping up throughout the news world.

The daughter of a Michigan man apparently killed by friendly fire is embarking on a wrongful death suit against KBR, who most disgustingly appears to have misled the family as to the nature of the employee’s death.

Also, see my previous posting regarding a this pending class action lawsuit against KBR.

Now, families of Blackwater security contractors recently lost their bid before a an Administrative Law Judge to sue Blackwater for wrongful death based on the contractors alleged status as independent contractors. I have neither read the opinion in this case, nor the briefs from either party, but I can imagine that Blackwater’s victory here was based on the traditional definitions of independent contractor agreements.