Judge reinstates wrongful death lawsuit for Iraq contractors (killed in Fallujah)

[Barrett808]

Judge reinstates wrongful death lawsuit for Iraq contractors
MIKE BAKER
Associated Press

RALEIGH, N.C. - A Wake County judge on Monday ended nearly two years of legal limbo by returning to state court the wrongful death lawsuit of the survivors of four contractors killed and mutilated in Iraq.

Blackwater Security Consulting, the Blackwater USA division that trained and deployed the contractors, had pursued several stays and appeals, arguing that the case belonged in federal court.

But after the 4th Circuit Court of Appeals and U.S. Supreme Court denied their requests, Wake County Superior Court Judge Don Stephens said the case should go forward in Wake County.

"It's ours, whether we want it or not and whether or not we understand why it belongs to us," Stephens said.

(more)

http://www.mercurynews.com/mld/mercurynews/news/world/16108793.htm

[Lance_Boyle]

1. Sigh.

These enemies of my enemies are not my friends. I hate to think that the families of the fried mercenaries are going to win big. They probably should have thought ahead enough to take out substantial life insurance policies on their mercenary family members when those members existed in their original, uncooked state. On the other hand, I'd like to see Bilgewater Inc. permanently incapacitated by the payoff and court costs. Who to root for... :shrug:

[Robbien]

2. Judge reinstates wrongful death lawsuit for Iraq contractors (Blackwater NOT above the law)

RALEIGH, N.C. - A Wake County judge ended nearly two years of legal limbo Monday by agreeing that the wrongful death lawsuit filed by the families of four private contractors killed and mutilated in Iraq could go forward in state court.

Blackwater Security Consulting, the Blackwater USA division that trained and deployed the high-level security guards, had argued that it was an extension of the military and that the case shouldn't be heard in any court, and particularly not a state court.

Wake County Superior Court Judge Don Stephens lifted his long-standing stay on the case Monday after the 4th Circuit Court of Appeals and U.S. Supreme Court denied Blackwater's requests.

"It's ours, whether we want it or not and whether or not we understand why it belongs to us," said Stephens, adding that the case will continue forward in January or February.

Blackwater attorneys declined to comment on Stephens' ruling.

http://www.journalnow.com/servlet/Satellite?pagename=WSJ%2FMGArticle%2FWSJ_BasicArticle&c=MGArticle&cid=1149191900058&path=!localnews&s=1037645509099

[Kagemusha]

3. I've gotta say, mercs claiming military immunity is pretty far out.

Now, I'm not in a position to say whether or not it should be a state court case. The case being federal instead would not make Blackwater above the law. But giving it the immunity to civil lawsuits of the 82nd Airborne, is.

[goforit]

5. great point and I gotta agree!

[uberblonde]

4. I'll tell you why this is interesting...

They're claiming exactly the opposite in lawsuits brought by torture victims. They say they were independent contractors and thus not covered under the Military Code of Justice.

So if this is a legal precedent, it's damned if they do, damned if they don't. If they're not liable for possible war crimes, at least they can now be sued for damages.

[dubykc]

6. Yeah, they sure seem to want their bread buttered on both sides

[saigon68]

7. They got a Rose Petal Parade here is one of the "heroes"