Law Firms Motley Rice LLC and Burke PLLC Join Forces to Take on KBR and Halliburton on Behalf of American Soldiers, Veterans and Civilians Exposed to Burn Pit Hazards

Suit Claims Wartime Contractors Halliburton and KBR Knew Dangers of Burn Pit Exposure

CHARLESTON, SC – February 24, 2010 – Motley Rice LLC, one of the nation’s largest plaintiffs’ litigation firms, announces today that it has joined forces with Burke PLLC to jointly pursue claims for clients in the KBR, Inc., Burn Pit multidistrict litigation. The MDL encompasses suits against defense contractors who allegedly jeopardized the health and safety of thousands of American veterans, current service members and former contract employees by knowingly burning vast quantities of hazardous waste in open-air burn pits on U.S. military bases in Iraq and Afghanistan. Yesterday, the Honorable Roger W. Titus of the U.S. District Court for the District of Maryland provided the parties with briefing schedules and hearing dates, including one on the defendants’ motions to dismiss.

Named defendants include: KBR, Inc. of Houston (NYSE:KBR) ; Kellogg, Brown & Root LLC, of Austin, Texas; Kellogg, Brown & Root Services, Inc., of Houston, Texas; Turkish-based ERKA Ltd.; and Halliburton Company, of Houston, Texas. The collective claims against these defendants include those for battery, breach of contract, breach of duty to warn, future medical expenses, intentional infliction of emotional distress, medical monitoring, negligence and wrongful death.

The U.S. government entered into a contract with and paid millions to defendants Halliburton and KBR to ensure that they implemented our country’s strict safety standards for waste disposal. We believe these contractors failed to hold up their end of the deal by ignoring these standards, and now thousands have been unnecessarily poisoned, stated Motley Rice co-founder, Joe Rice. Our soldiers and service members understood the potential risk of warfare but never expected the harm to come from those who were hired to protect them.

Combining their firms’ strengths and experience in complex civil litigation and human rights, Rice and Burke continue to pursue the litigation that originated in 2008 when Burke began filing lawsuits on behalf of current service members, military veterans and former employees of KBR and other contractors who contacted her for help. Each reports exposure to burn pit emissions and alleges that this exposure caused them to suffer chronic illnesses since their return from Iraq and Afghanistan. Several people also approached Burke on behalf of family members who died due to cancers linked to the type of dioxins allegedly released by burning waste in long-term use burn pits. The growing number of plaintiffs ultimately led Burke to seek consolidation of the lawsuits and approach Motley Rice. Yesterday, Burke was appointed by the Court to serve as Lead and Liaison Counsel for the MDL.

On December 15, 2009, 43 cases (totaling approximately 300 plaintiffs) were consolidated in the KBR, Inc., Burn Pit MDL before Judge Titus. Motley Rice LLC and Burke PLLC are now fighting together on behalf of U.S. service members and families of loved ones in In re KBR Inc. Burn Pit Litigation, case number 08-02083. Since the MDL consolidation, the number of inquiries from potential clients and individuals wishing to share burn pit data has continued to grow significantly, and both Congress and President Obama have been addressing the issue. In addition to the National Defense Authorization Act that the President signed into law on October 28, 2009, to monitor waste disposal methods, the Senate Democratic Policy Committee held a hearing on November 6, 2009, to discuss potential contracting abuses and health risks associated with the continued use of open-air burn pits.

In addition to hearing the shocking stories about the kinds of waste being burned in the burn pits, I have listened to personal reports from our service men and women about injuries that they have sustained, some as serious as lung cancer and leukemia, Burke stated. All passed physical tests before being deployed. Many had plans of a life-long military career. Today some of our clients can’t walk up a flight of stairs; others can’t get out of bed.

The defendants were more than willing to compete for and take millions to manage the waste and water facilities on U.S. bases in Iraq and Afghanistan but appear, based on their court filings, unwilling to take responsibility for the dwindling health of our soldiers, veterans and contract personnel, added Burke.

Plaintiffs in the KBR, Inc., Burn Pit MDL allege that the defendants allowed known carcinogens to be released into the breathing air by neglecting to implement the required U.S. safety controls for waste disposal. Reported alleged side effects from burn pit exposure include:

  —  Asthma
  —  Cancers (lung, brain, bone, skin)
  —  Chronic bronchitis
  —  Chronic infections
  —  Chronic respiratory problems
  —  Serious heart conditions

While the discovery process allowed by the federal courts has not started in this case, we are doing our own investigation. We have heard from many victims of the burn pits and continue to seek information from witnesses who know what took place, said Rice. Our clients just want to know the facts and the truth from Halliburton, KBR and the military. We hope to discover the truth.

For an expanded list of reported injuries alleged to be linked to the pits and items that eyewitnesses have reported to have been burned in the pits, please visit www.burnpitlawsuit.com.

Motley Rice LLC

Joe Rice co-founded Motley Rice LLC with litigator Ron Motley and manages a firm recognized for its willingness to litigate complex civil cases and challenging occupational and public health, anti-terrorism and human rights cases, including the landmark 9/11 litigation against terrorist financiers. The firm’s experience taking on large corporations has its roots in the large asbestos litigation that began in the 1970s and its subsequent fight against the four largest tobacco manufacturers in the 1990s that resulted in the largest financial resolution of civil litigation in U.S. history.

With more than 60 attorneys and hundreds of staff, the firm handles complex litigation that helps to protect those harmed by wrongdoing and negligence. Motley Rice LLC is headquartered in South Carolina, and has additional offices in Connecticut; New York; Rhode Island; Washington, D.C.; and West Virginia.

Washington, D.C.-based firm Burke PLLC is known not only for its strong history in complex and civil litigation but also for its commitment to human rights work, strengths that compliment Motley Rice’s experience in human rights and occupational disease and toxic tort litigation. Most recently, Burke served as lead counsel in five actions brought on behalf of alleged Abu Ghraib torture victims against CACI and L-3 and as lead counsel in the internationally watched action filed against defense contractor Blackwater over alleged civilian shootings in Iraq. Burke’s work on the Blackwater case has been featured in Jeremy Scahill’s best-selling book, Blackwater: The Rise of the World’s Most Powerful Mercenary Army, and she and her firms’ attorneys were among the first to actively investigate the potential hazards of open-air burn pits on the health and welfare of U.S. soldiers and military personnel.

For more information about Motley Rice LLC or burn pit litigation, contact attorney Joe Rice (SC) at +1 800.768.4026 or visit www.burnpitlawsuit.com and www.motleyrice.com.