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Kellogg Brown & Root Services, Inc. v. Harris

Linked with KBR, Incorporated v. Metzgar (13-1241)
Certiorari Denied

Petition for certiorari denied on January 20, 2015.

Docket No.13-817
Op. Below3d Cir.

Issue

(1) Whether the political question doctrine bars state-law tort claims against a battlefield support contractor operating in an active war zone when adjudication of those claims would necessarily require examining sensitive military judgments; (2) whether the Federal Tort Claims Act's "combatant-activities exception," 28 U.S.C. § 2680(j), preempts state-law tort claims against a battlefield support contractor that arise out of the U.S. military's combatant activities in a theater of combat. CVSG: 12/16/2014.

Proceedings & orders timeline

Nov 6, 2013
Application (13A476) to extend the time to file a petition for a writ of certiorari from December 9, 2013 to January 15, 2014, submitted to Justice Alito.
Nov 8, 2013
Application (13A476) granted by Justice Alito extending the time to file until January 8, 2014.
Jan 8, 2014
Petition for a writ of certiorari filed. (Response due February 10, 2014)
Jan 14, 2014
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jan 16, 2014
Order extending time to file response to petition to and including April 11, 2014.
Jan 16, 2014
Consent to the filing of amicus briefs, in support of either party or neither party, received from counsel for respondents.
Feb 10, 2014
Brief amicus curiae of DRI -The Voice of the Defense Bar filed.
Feb 10, 2014
Brief amicus curiae of National Defense Industrial Association filed.
Feb 10, 2014
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Feb 10, 2014
Brief amicus curiae of Professional Services Council filed.
Apr 11, 2014
Brief of respondents Cheryl Harris, Co-Administratrix of the Estate of Ryan D. Maseth, Deceased, et al. in opposition filed.
Apr 29, 2014
Reply of petitioner Kellogg Brown & Root Services, Inc. filed.
May 2, 2014
Supplemental brief of petitioner Kellogg Brown & Root Services, Inc. filed.
May 27, 2014
DISTRIBUTED for Conference of June 12, 2014.
May 28, 2014
Supplemental brief of respondents Cheryl Harris, Co-Administratrix of the Estate of Ryan D. Maseth, Deceased, et al. filed. (Distributed)
Jun 16, 2014
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Dec 16, 2014
Brief amicus curiae of United States filed.
Dec 30, 2014
DISTRIBUTED for Conference of January 16, 2015.
Dec 30, 2014
Second supplemental brief of petitioner Kellogg Brown & Root Services, Inc. filed. VIDED. (Distributed)
Dec 31, 2014
Second supplemental brief of respondents Cheryl Harris, Co-Administratrix of the Estate of Ryan D. Maseth, Deceased, et al. filed. (Distributed)
Jan 20, 2015
Petition DENIED.

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