KBR Isn’t Immune in Iraq Dining Facility Case, Court Rules

Kellogg, Brown & Root Services Inc. must face claims it breached a military dining facility contract in Iraq with its subcontractor Kuwait Pearls Catering Co. WLL, the U.S. Court of Appeals for the Fifth Circuit ruled (Kuwait Pearls Catering Co. WLL v. Kellogg, Brown & Root Servs. Inc., 5th Cir., No. 16-20270, 3/27/17).

The lower court improperly dismissed the case under the political question doctrine, which bars review of military or executive branch judgments, the court said.

KBR conceded that it couldn’t find any prior cases analyzing contract breaches under that doctrine, the court said.

KBR regularly raises ...