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Alan Metzgar, et al. v. KBR, Inc., et al.

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 17-1960 · judgment June 20, 2018

Certiorari denied · January 14, 2019
Pre-decision estimate: 9% cert probability (95% interval 5%–13%)

Before the decision, about 2.1× the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below, and down for a business respondent.

Question presented

Over the past decade, a number of lower courts have applied the political question doctrine to dismiss statelaw tort claims for damages against private military contractors. In this case, the Fourth Circuit relied upon such reasoning to throw out consolidated tort suits challenging Respondents’ disposal of hazardous materials through open-air “burn pits” in Iraq and Afghanistan, solely on the ground that the military exercised “direct control” over Respondents. The Question Presented is: Whether, and under what circumstances, a state-law tort suit for damages against a private defendant that does not satisfy any of the factors identified in Baker v. Carr, 369 U.S. 186 (1962), can nevertheless present a nonjusticiable political question?

Counsel of record

For petitioner
Susan L. Burke
Law Offices of Susan L. Burke

For respondent
Warren Wayne Harris
Bracewell, LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Jan 14 2019
    Petition DENIED.
  2. Dec 26 2018
    DISTRIBUTED for Conference of 1/11/2019.
  3. Dec 21 2018
    Reply of petitioners Alan Metzgar, et al. filed. (Distributed)
  4. Dec 14 2018
    Brief of respondents KBR, Inc., et al. in opposition filed.
  5. Oct 19 2018
    Motion to extend the time to file a response is granted and the time is extended to and including December 14, 2018.
  6. Oct 17 2018
    Motion to extend the time to file a response from November 14, 2018 to December 14, 2018, submitted to The Clerk.
  7. Oct 05 2018
    Response Requested. (Due November 14, 2018)
  8. Oct 03 2018
    DISTRIBUTED for Conference of 10/26/2018.
  9. Sep 27 2018
    Waiver of right of respondents KBR, Inc., et al. to respond filed.
  10. Sep 07 2018
    Petition for a writ of certiorari filed. (Response due October 11, 2018)