Articles Posted in U.S. Court of Appeals for the Fifth Circuit

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KPCC filed suit against KBR, a general contractor supporting the Government's military operations in Iraq, alleging claims for breach of contract, fraud, and promissory estoppel. At issue was a 2010 contract for, inter alia, KBR's leasing, with an option to purchase, a dining facility constructed by KPCC in Iraq. The district court dismissed the complaint, concluding that the political-question doctrine rendered nonjusticiable the contract dispute at issue. Applying de novo review, under the discriminating inquiry required by Baker v. Carr, the court concluded that the claims presented required resolution of contractual disputes for which there existed judicially manageable standards. Therefore, there was no justiciable political question. The court disposed of KBR's remaining claims regarding the act-of-state doctrine and regarding a contractor's defense from its strict execution of a constitutionally authorized government order. Accordingly, the court vacated the district court's judgment and remanded. View "Kuwait Pearls Catering Co. WLL v. Kellogg Brown & Root Services, Inc." on Justia Law

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Air Force Captain Meredith Morris and her husband filed suit against Air Force Captain Michael Thompson for injuries Captain Morris sustained on Randolph Air Force Base. The district court granted Thompson's motion to dismiss for lack of subject matter jurisdiction based on the Feres doctrine. The court concluded that plaintiffs' claims were incident to service and thus the Feres doctrine applied regardless of the rank of the parties or the bringing of state-law claims; the court rejected plaintiffs' claims that the application of the Feres doctrine would interfere with their constitutional rights; the husband's loss of consortium claim was consequently barred; and the failure to seek certification under the Westfall Act, 28 U.S.C. 2679(b)(1), did not divest the court of the jurisdiction to resolve what was brought to it on this appeal. Accordingly, the court affirmed the judgment. View "Morris v. Thompson" on Justia Law