« Updated: Expansion of Duty for Doctors in Massachusetts | Main | Welcome Medical Device Blog! »

December 11, 2007

Updated (x2): Civil Suit Against Halliburton for Alleged Gang Rape Likely Heading for Arbitration

Via USPIRG's Consumer Blog, ABC's got the story of a civil suit by Jamie Leigh Jones against Halliburton for sexual harassment and an alleged gang rape, and its likely destination: arbitration. 

As the documents below make clear, the case was initially filed in arbitration and then in the Southern District of Texas; the arbitration has been stayed pending a decision on the motion to compel arbitration in federal court.   The plaintiffs acknowledge that Jones's employment agreement requires arbitration in at least some circumstances; they argue alternatively that the agreement is invalid and that it does not apply to this case.

A few documents of interest:

The complaint: Download leighcomplaint.pdf

The motion to compel arbitration: Download KBRCompel.pdf

Jones's opposition to the motion to compel arbitration: Download LeighOpposition.pdf

As the PIRG blog points out, there's pending legislation that would narrow the scope of arbitration provisions greatly, focusing on arms-length commercial transactions and not (probably) suits like this one.

Update: In the comments, Ted points out that much of the case file is available for free on Justia.  I could've avoided the PACER charges!  Curses!  He also notes that the arbitration complaint's allegation vary fairly significantly from the complaint in district court, and that Jones's lawyer did some fairly transparent forum shopping.  And finally, he notes that Halliburton is a defendant though Jones didn't work for Halliburton; she did, however, work for a Halliburton subsidiary.  (Halliburton divested KBR earlier in 2007, well after the events in question.)  Obviously there may be corporate veil issues, but it doesn't seem crazy to list Halliburton as a defendant. 

(Later addition: In a second comment, Ted notes that the complaint merely alleges alter ego and says it won't fly.  He may be right; though I've been involved in litigation in which another Halliburton subsidiary was also involved, I don't remember much about how separate its subsidiaries really are.  Without knowing more, it's hard to have much of a view besides "still not crazy" on including Halliburton as a defendant.  Certainly helps get press.)

Update 2: The third amended complaint (which I somehow missed the first time through the docket) is here: Download Leigh3rdComplaint.pdf

--BC

December 11, 2007 in Documents, Legislation, Reforms, & Political News | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/t/trackback/89778/24143122

Listed below are links to weblogs that reference Updated (x2): Civil Suit Against Halliburton for Alleged Gang Rape Likely Heading for Arbitration:

» "Halliburton", gang rape, and fear of arbitration: the Jaime Leigh Jones case from Overlawyered
In February 2006, Jamie Leigh Jones filed an arbitration complaint, complaining that, for her administrative assistant job with KBR in Iraq, she was placed in an all-male dorm for living arrangements, and a co-worker sexually... [Read More]

Tracked on Dec 12, 2007 8:54:26 AM

Comments

It's interesting how the Jones story in her civil complaint differs so greatly than the story in her arbitration complaint in 2006.

It's also interesting how Halliburton is the defendant when Jones never worked for Halliburton.

The plaintiffs' attorney seems like a real clown: he originally forum-shopped the case to Beaumont, Texas (even though everyone lives in Houston), and then wrote a ludicrous opposition to a motion to venue-change.

Posted by: Ted | Dec 12, 2007 7:54:15 AM

The pending legislation does apply to employment contracts, by the way.

Posted by: Ted | Dec 12, 2007 8:54:31 AM

There's a Third Amended Complaint out there, by the way.

For some reason, only the Eastern District proceedings are on Justia; the proceedings in the Southern District (where the case was transferred) still require PACER.

The plaintiff really hasn't stated any reason to hold Halliburton liable other than the bald allegation of Halliburton as a KBR alter ego, and that's just not going to fly.

Posted by: Ted | Dec 12, 2007 3:11:23 PM

One defend. named is stated to be an american citizen. If present criminal laws apply to that person, would any criminal laws apply to one of the rapers if he was from another country, not the USA??

Posted by: robert OKane | Dec 21, 2007 12:05:30 AM

who would someone contact it they had problems in AF also.

Posted by: Leslie | Feb 20, 2008 10:55:56 PM

Post a comment